Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, 1914-11-04
C[ARKS F OUND
GUILTY OF
BATTERY
TWO WELL KNOWN AT
TORNEYS TO BE SEN
FENCED TODAY FOR
BEATING c. H. BOLMAN
(From Thursdays OailvO

Before a jury OF SIX 1IesColt
citizens. at trial held before Judge
McLane in the superior court room
Yesterday afternoon, Elias S. Clark
and his son. Neill Clark, lawyers
of this city were found guilty OF
battery on the person of Charles
H. Bolman a plasterer, and this
forenoon at ten o'clock today they
will be sentenced.
The jury which heard the case
was as follows: H. Jones. c. 7.
Baker, L. Maxwell w. NJ. Kelly, P.
B. Dresser and NJ. T. Broaded.
Bolman Beaten Up.
This trial which for a number OF
DAYS has caused a great deal of
comment about the city owing to
the extraordinary features connect
ed with it, was of short duration.
and the jury deliberated less than
half an hour. Mr.. Clark and son
appeared as their own counsel and
Assistant County Attorney Morgan
prosecuted the case. it being the
latter who asked for jury. But
three witnesses, aside from the
principals, gave testimony, and they
all agreed that F. S. Clark struck
the defendant first. and that after
ward there was a shovel and hoe
mixed up in what was quite a
lively and exciting scrap, Bolman
being scratched AMI bruised con-
siderably about the face, and it be-
ing necessary for two carpenters
working nearby to pull the two
Clarks off Bolman while they were
in the act of beating him up, the
latter being down on the ground at
the rear of the new high school
building where he was mixing
mortar at the time the row took
place E. S. Clark himself ad-
mitted that he struck Bolman first,
as also did his son. so there was
no controversy on this point. In
fact the story of all the witnesses
was so corroborative that not
cross-examination question was ask
cd by either side.
Bolman's Story.
Bolman said he was at his work
at the new school house when the
two Clarks came there together.
They asked Bolman if he had made
certain statements. He said he told
them that he had said they deliber-
ately threw him down in the suit
he recently had with the Arizona
Mine Supply Company, that they
agreed TO refund the money he
had paid them if they did not win
the case, and after he had lost re
fused to do so. After he had said
this, Bolman swore that Z. S. Clark
said: you will retract the state
ments you have made or I will do
you up He said that Clark struck
him in the face as he made the
threat and that Neil Clark picked
up hoe Then" he asserted. T
grabbed shovel and struck at z.
5. Clark, hitting him on the arm.
backing off all the time until l fell
over the mortar box or something
else, when thew both jumped on
me. the old man holding me while
Neil beat me up" He insisted
that Neil picked up the hoe and F.
5. Clark struck him before he pick
ed UP the shovel. Half an hour al
ter the two men had left he said
Neil returned. and 81 thought he
had come back to finish it and
started after him again with the
shovel"
There was no cross examination.
Men Who Stopped it Testify
At this point G. Gohm and c. II.
Stocking, the two carpenters who
pulled the Clarks off Bolman. told
OF the part they took. each stat
ing that the elder Clark was hold
ing Bolman on the ground while
the son was beating him. They
also agreed that f. s. Clark struck
the first blow. Neither. however,
heard any of the converse sor,. be-
tween the combatants.
E. S. Clark's Evidd
T.. 5. Clark. who had &c
on his left forearm as hit
OF what he alleged to be re
ceived by the shovel in til hds
of Bolman, told about the following
story:
"Thc evidence of Mr.. Stocking is
about all there is to the fuss. The
trouble arose out OF a lawsuit in
which | was attorney for Mr.. Boil
man against the Arizona Mine Sup
plv Company. We won that suit
IN the superior court, and the de-
clsion was reversed in the supreme
court. | tried to ger a re-hearing
and could not do so, but did every
thing that could be done. 1t was
a bitterly contested lawsuit and
took great deal of time and trou-
bic The final result of the trial
was that a judgment stood against
Mr.. Bolman. Mr.. Bolplan came to
our office a number Of times and
used language which was very en-
barassing. useless and unjust. Re-
Gently | heard that he was making
the statement that | had thrown
him down in the suit and that | had
sent bill to c. T. Joslin. president
OF the Arizona Mine Supply Com
pany for 5000 This was untrue
and ] went to the school house the
morning of October 26th to see him
about the report. I had no inten
ton of having any trouble with
him. but did want him to stop
circulating such a report He re-
iterated the statement and | lost
my temper and struck at him, hit
ting him on the forearm. All was
then over so far as | was concern
cd, but he grabbed d shovel and