Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, 1914-08-19
(From Fridays Dailvl

VI. Clark must face a jury OF ms
peers. September 10th, on a charge
OF grating from the road funds of
the county. The date for the trial
was set yesterday afternoon, follow
ing the rendering OF decision by
Judge William +. Cooper of Tue
son, overruling the demurrers Of
the defense to :he six nformations
charging the road official with graft
ing. The trial date was fixed de
spite the objections of the attor-
neys for the defendants, who pre-
ferred a date in October. Imme-
diately afterwards County Attor-
ney O'Sullivan had issued subpoe-
mas for thirty-four persons who are
desired as witnesses. and placed
them in the hands of Sheriff Keeler
for service. Two of the latter's
deputies were Immediately assigned
TO the work of summoning those
who will testify at the trial regard
ing Clark's alleged crooked prac-
rices, by which the county is said
to have been mulcted of no incor-
siderable amount of money.
Despite street rumors in abund-
decision to be rendered by Judge
Cooper, it was a foregone conclu-
sion that the demurrers, on which
the defense pinned their hopes.
would be overruled. for since his
tenure in the office. not one crimi-
nal information drawn by County
Attorney O'Sullivan. has ever been
successfully attacked.
Realizing the importance of the
case and the strength of the legal
talent lined up against him, the
county attorney handled his argu-
ments upon the demurrers in mas
terful style leading those familiar
with the case to believe from the
outset that the demurrers would be
overruled and Clark brought to the
bar Of justice to face the grave
criminal charges.
Although a spirit OF confidence
existed among those who wanted to
have the case decided by a jury
rather than upon technicalities. the
decision was greeted by them with
marked satisfaction.
Counsel for both the defense and
State were present when Judge
ruling shortly before 2 o'clock yes
terday afternoon. A hush fell over
the court room as line by line. he
read the important decision and as
ii gradually developed that the one
hope OF the defense, to gain a vic
tory upon legal points, had been
shattered.
III Clark is innocent. let him
come out in open court and show
1t. yesterday declared a prominent
citizen III the court house. 1T
seems TO me thar any official should
absolutely avoid if he possibly can.
the stigma of having been saved
from prison term through an
elastic construction of the law. If
he is not guilty, the open court
room is Replace to show it. If
he is. let him take his medicine like
a man. There would have been
absolutely no satisfaction for him
to feel that, although he was guilty.
he had been saved by a technicalitv. -
Judge Cooper after overruling the
demurrers filed to the six graft COM
plants, set the case down for trial
during the jury term commencing
September TO- The trial promises
to be the most warmly contested
and sensational in the history OF
lavapai county.
Among those to be summoned
are former employees of the road
department who have during pre-
llminary examinations advanced re-
markedly sensational testimony in
dicating that the grating from the
road fund has reached enormous
proportions.
The grating is alleged to have
been going on ever since Clark
took the Office of county road sup
erintendent lnaugurating a sys-
TEN OF boarding houses in connec-
ton with the road camps. he board
ed employees for ST a day. How
ever. in paying his cooks he drew
warrants upon the county for their
services. Another information
charges him with having worked a
man nineteen days in his mine and
paying him with county funds.
The decision by Judge Cooper
merits careful reading for in it he
clearly makes evident that any plea
seeking to shift blame on others
Tor an Offense does not exculpate
defendant and finds no favor with
the law. The salient parts of his
ruling are as follows:
A number of informations have
been heretofore filed by the County
Attorney OF this county, each charg-
ing the defendant, D. NJ. Clark.
with the commission of a felony,
alleging as the basis OF the charge
a violation of Paragraph "a of the
Penal Code of Arizona, which is
as follows:
Every person who. with intent
to defraud, presents for allowance
or for payment, to any board or
othcer, or to any county, town,
city or ward board or officer. au-
thorized to allow or pay the same,
if genuine, any false or fraudu-
lent claim, bill, account voucher.
OF writing, is guilty of a felony"
To each of the informations the