Weekly journal-miner., 1914-09-30
CLARK MUST BE TRIED
 AGAIN
(From Wednesdays DailyD

(FrOm NedneSday Dally.)
 Early this morning as the Jour nal-Miner goes to press, the fate of D. N. Clark, so far as his trial on a penal charge is concerned, is in the hands of the jury and the jury is snugly tucked away at the court house, either asleep or still deliber- ating on the questions which they must either solve or pass over for another trial.
 After a trial fraught with perhaps the greatest interest of any held for many months in Yavapai county, and lasting the better part of two weeks, Judge Cooper read his in structions to the jury last evening between five and six o'clock and consigned the case to the twelve men who are to decide it. Crowds of people anxious to hear the result fingered about the court house until a late hour last night, and many were the inquiries made of the of fcials over the phone with reference 10 the progress being made in the jury room. But the secrets of the jury room are just as closely kept from the officials as from the general public. and all had to retire without knowing anything about the prob able outcome, more than to surmise the jury might disagree.
 Arguments Consume Whole Day.
 All day yesterday the legal lights employed in the case fired their great and small artillery into the cars Of the twelve men who are to decide the case, the court room being crowded with spectators most Of the time. At times there were oratorical pyrotechnics, then bursts of vehemence, all mingled with an earnestness Of expression scarcely ever duplicated before a jury in Yav- apai county, for 1t was evident that County Attorney O'Sullivan was con scientious in his desire to convict the defendant, because he believed him guilty, and that the attorneys for Clark were just as anxious to free their client.
 Morgan Opens.
 Assistant County Attorney Morgan opened the argument for the state He was followed by Anderson and Clark for the defendant and the county attorney closed the debate.
 The contention of the prosecution in summing up the evidence did not vary from their course during the whole trial. They reviewed the road certificates and cheeks which were in evidence, showing up the discrep- ancies in amounts, caused, as they insisted. by the intent of Clark to graft from the county. As a sum total they had it figured that during the past year. as shown by the vouchers in evidence. Clark had pad ded road certificates to the total amount Of S1022.5O. The charge up on which Clark was on trial how ever, was for the presentation of 2 specific claim in the name Of Frank Clinesmith for S57 more than was his right and due, but the court Ia 1,n other vouchers to prove the intent of the defendant, and the county at torney claimed in his speech that the SlO2250 represented approxi- mately the amount of money ID NJ. Clark had falsely, fradulently wilfully, and premeditatedly taken from the treasury of Yavapai county during the past year, or there abouts" He contended the evidence showed that a systematic scheme had been followed by Clark in al legged manipulations, and referred to the road certificates and checks ir evidence to sustain his contention.
 The county attorney closed his ar gument with plea for purity ir the administration of county affairs He declared it was time for Yava- pal county to shut down on graf with an iron hand and make it i'm possible for public officials to pad bills and draw money unlawfully from the county treasury. He clos cd by saying he impeached the de fcndant for taking over one thous and dollars from the county treas ury with intent to deiraud and by the means of a systematic scheme which he had followed for about onC year.
 Dwell on Good Faith.
 Attorneys Anderson and Clark, fol the defendant dwelt particularly or the question of good faith, arguing +r,+ :- T1,-l- had ncrfO-npd SeryIce,