Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, 1914-01-21

to prosecute all criminal offenses
committed within Yavapai County
When complaints are made to me
! draft criminal complaints and
cause warrants OF arrest to be is
sued, and then a preliminary exam.
nation follows. After a full in
vestigation OF all the evidence. pro
and con, l am usually able to de-
termine whether a public offense has
been committed, and whether there
Is sufficient evidence to warrant =
conviction. II, after hearing all the
proofs at preliminary examination.
am satisfied that the evidence
would not warrant a conviction in
the Superior Court, and that a trial
jury would not convict. l do no,
hesitate to dismiss the criminal
charge preferred. I consider it nv
positive duty to do so. As County
Attorney, why should | put Yavapai
County to great amount of need
less expense when | know that no
trial jury would convict? While
am County Attorney OF this County.
| shall not hesitate to dismiss
criminal prosecution, after | hear
the evidence at 4 preliminary exam
nation, provided l am satisfied that
no conviction could be had before
a jury in the Superior Court. To
do otherwise would be a rank in
justice TO the taxpayers of this
county. | would be guilty of
squandering the taxpayers money
IN futile attempts to convict, when
| knew beforehand that there was
no possible chance to secure a con-
viction.
In the case at bar. the defendants
nave been arrested on the charge
OF engaging in, instigating, encourag.
ing and promoting 4 ring or prize
light The testimony is all in, and
II now becomes the duty of the
Court to either hold the defend
ants to the Superior Court or dis
charge them. 1t appears from the
evidence that a boxing exhibition .
was given by the Prescott Athletic .
Club on the night of January g.
1914: that four of the defendants
INDUCED in the boxing bout. and
that the other defendants acted as
lids, seconds and referees.
All we can go by is the evidence
{ have placed on the witness stand
n this case. some of the leading
and most honorable citizens Of
Prescott. including lawyers, doctors,
business men, newspaper men, coun-
= and city officers, and others.
! hose men were present during the
Inhibition and they are practically
unanimous i'll testifying that it was
lot prize fight, but 4 boxing ex-
iibition. 1t also appears that two
leputy sheriffs Of Yavapai county.
wo members OF the city police
o-ce. the city police judge, the as
'istant county attorney and the city
.:torrey OF Prescott were all pres {
mt during the exhibition and wit {
lessed the whole affair. 1t is hard
y conceivable that those sworn Of
icers of the law would be particeps {
riminis to the commission of ,
Glory; and if the exhibition degen- I
rated into a prize fight, it seems |
eascnable to r-esume that said Of ,
icers would immediately take ;
land and then and there arrest the I
{
From the evidence introduced, {
eel that it has been proven almost. t
not quite. conclusively that the al +
air was not a prize fight, but 4 |
'oxing or sparring exhibition. which :
he laws OF Arizona do not denounce +
5 crime. b
l am thoroughly convinced that =
10 grand jury OF Navapai county i
would ever indict, after hearing all c
he evidence in the case. and | am t
onvinced to a moral certainty that t
10 trial jury of Yavapai County f
rould ever convict, if the defendants c
we're held to the Superior Court II
nd l am not satisfied that even il
onvicted, such conviction, under the G
acts, would be sustained by the p
ourts. Under such circumstances, g
have no hesitation in asking this 5
,ourt to dismiss all the defend II
nts and exonerate their bonds. :
P. w. O'SULLIVAN, t
County Attorney )