Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, 1914-07-15


within the letter OF the law in de
handing the documents and that
any refusal to surrender the same
might be classed as a felony.
County Attorney O'Sullivan's Of
fee was next called into the case /
and that official was instructed 10
issue complaints Tor the arrest OF
the five men. These complaints
were sworn to by Mr. Plunkett
yesterday afternoon and the war
rants were served by deputies from
she sherif's office.
The road superintendent was the
first reached and he appeared be
fore Justice OF the Peace McLane
to answer the charge A few min
utes later. Mr.. Anderson, his face
beaming with smiles. appeared. In
the meanwhile, Messrs. Clark and
Tascher who are connected with
the Eiberger vs.. A. T and s. F.
suit being tried n the Superior
Court. were notified OF the latest
development No warrants were
served upon them nntil adjourn
ment was ordered for the day. By
kindly suggestion OF Attorney Paul
Burks counsel 5or the defense in
the railroad suit. Judge Smith ad
journed fifteen minutes earlier ito
permit counsel for the plaintiff 10
solve the predicament he had placed
himself in, downstairs
Every member OF the arrested
staff OF attorneys was inclined to
treat their arrests in a jocular way.
Mr.. Clark objected to the arrest
upon the grounds that he had no
time to give to his defense owing
to a stress OF business matters dur
ing the present trial jury session.
Mr.. Anderson didn't see how he
was to engage outside counsel or
how he was going to procure
bondsmen. Two willing helpers
with $3.50 in cash between them
offered relief.
In a witty strain, Mr.. Clark con-
zinued rapid-hre line OF talk which
had everyone in the court room
laughing. Punched for advising my
CLIENT What next" was one query.
The question OF fixing bond arose
and Mr.. Clark urged that the court
de lenient and rult in accordance
with the ability OF the defendants
to supply the same Then next
came up the question OF fixing a
date for the preliminary hearing.
The fact that Aessrs. Clark and
Tascher were connected with the
case upstairs led to the suggestion
OF a night session. Sure, by all
means make it night session." en-
joined Mr.. Anderson, and we'll hire
the opera house to hold it in"
Mr.. Plunketz sat patiently through
this torrent OF fun aimed in his
direction and then declared that
any time for the hearing was sat
isfactory 10 him He declared that
the assistant attorney general would
, arrive on <his mornings $50 O'Clock
train from Flagstaff and another
said that Mr. Hardy could possibly
r be inducer to appear at the early hour
Every effort by the arrested attor-
] neys to have the hearing held at
once proved futile. as it was desired
: by she prosecution that Mr. Hardy
E be here at the time.
The room was filled with spec
tators, among them a number oil
s other prominent members OF the To-
cal bar. Sure, I'll retain you as
counsel" Mr. Anderson told At
torney Russell, here's FIVE cents
as a retainer"
Just what will be the outcome
: OF this new development is a mat
ter open to conjecture. The statutes
n state specifically that the refusal tc
r surrender public documents wher
. uOAAalAOQ Dl luC StdlC CAdlllAACl
constitutes a felony, punishable by
e prosecution and imprisonment The
!. attorneys, however. are merely
I charged with Cooperating" in the
execution of this felony.
: Mr.. Plunkett is determined to
5 bring the matter TO a head and will
Y hold conference with Mr. Hardy
: possibly Immediately after that Of
: hcial's arrival. For the past three
] weeks he has been conducting a
e thorough investigation OF all the
2 records OF the road department
e available in the Office OF the board
> OF supervisors Having concluded
J. that branch OF the work, he was
i DESTROYS OF taking up the records
held in the possession OF Clark
= The stand taken by the road super
E intendent proved a decided blow
: to him and it is conceded that this
] I