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

clared Mir. Hardy. "and the sub
poena's return will show that. The
records called Tor are now before
State Examiner Plunkett for exami-
nation"
Mr.. Hardy pointed out that the
State Examiner could not demand
the custody OF the documents ard
that it was within the power of the
defendant to refuse the surrender
OF the documents. He intimated |
however. that should the prosecution
issue subpoena during the graft /
trial cases in the Superior Court
that they would have to be pro-
duced and the judge would then be
called upon to produce and the
judge would then be called upon to
determine whether or not they con-
stituted public documents.
The counsel for the defendant
assumed a far different attitude:
sarcastically inclined, Attorney Clark
remarked in the presence of the
court that he didn't consent to the
investigation OF Clark's private doc
uments because of the action pre-
ferred by Plunkett but rather from
a spirit OF courtesy. He declared
that he had regarded and still re-
garded the entire proceedings as a
huge farce. Attorney Anderson
maintained that he had not budged
an inch in his attitude He point
! ed out that the State Examiner
had been offered the privilege of
inspecting the checks held by the
road superintendent before the sub
poena was issued, providing the de
PENDANT would be permitted to re-
tain their custody. "Plunkett simply
sat in his Office and ordered us to
come and bring the papers to him.
an act which he has no right I'M
der the sun to attempt"
Mr.. Anderson declared that the
documents demanded by Plunkett
were all OF Clarks personal checks
and records for a period OF over
a year and a half past. These
checks have the imprint ID. NJ.
Clark, Road Superintendent" but
they are merely signed by ID. NJ.
Clark"
The complaints issued against the
four attorneys and. road superinten-
dent stipulated that the surrender
OF public documents had been re
fused. With the assistant attorney
general contending that the State
Examiner had no authority TO de
termine the nature OF such docu-
ments as entered into this contro-
versy and the defendant attorneys
averring that the documents de-
manded were private records, the
State Examiner IS placed in a pc
culiar position. However. despite
: this situation. that official has the
: satisfaction of knowing that he has
attained his object and that he can
conduct the investigation just as
he had outlined prior to the en-
tanglement.
Created Ripple.
That the arrest OF the four at
: torneys on charges OF aiding and
abetting a felony created a ripple
would be putting It mildly. The
: news spread throughout the State
like wildfre, particularly in view
: of the fact that one of the attor-
neys is a former territorial attor-
ney general and because directly
connected with it were the attorney
generals Office, state examiners OF
: fee and one Of the most sensa
tional graft proceedings in the his
; tory of the State.
: From the first there was no Sc
rious danger OF either OF the FIVE
defendants being forced to spend a
: little recreation period in the county
jail although humorously inclined
} several OF the attorneys suggested
5 that they start serving their SEN
fences at the earliest possible date
If the original mixup was compli-
Gated the solution is more so for
while all parties appear TO be per
fectly satisfied with the result, al
: the same time no one will concede
! that he has given an inch.
= STATE EXAMINER CON-
? CLUDES HIS WORK