Weekly journal-miner., 1915-05-05

pc dQnlltted. Inc QeIeHSe then snow
 ed that they had filed cross-com'
 plaint to this suit and the fact of it
 and the amount stated were admitted
 in the evidence.
 Four character witnesses were then
 placed on the stand and they all tes-
 tified that they had known Clark for
 number of years and that he had
 always been honest and honorable.
 They were H. D. Aitken, D.. J. H.
 Blain, L. E. Hesla, jeweler, E. A. KaStner, and w. L. Richards, city
 councilman.
 Character testimony given by M. B.
 Hazeltine, vice-president of the Bank
 of Arizona, at Clark's former trial
 was then read to the jury, Hazeltine
 being out of town. He also said that
 Clark had good reputation.
 Here Judge Cooper interrupted and said that "the gentleman in the court room who is smoking is subject to a fine for contempt of court" and Ed. Wicks, one of the witnesses and the offender, quickly emptied his pipe.
 The defense and the prosecution both rested and the jury was given a recess after which argument began. Assistant County Attorney Morgan made the opening speech, followed by Attorney E. s. Clark for the de fcnse.
 Deputy County Attorney Morgan's speech was general outline of the evidence and testimony presented by the prosecution interspiced with com ments on it. Summarized it was as follows:
 This trial has been long and rather complicated, but the main point to consider and decide is the fact of whether or not Clark intended to de- fraud the county when he put in a claim for 25 days work for Cline smith, while Clinesmith had only done six days work on the road and the, rest of the amount in the mine, and the same point is to be decided in all other incidents. This fact has been proven beyond all doubt by testi-I mony of the witnesses placed on the. stand in this court. To show that there was no mistake in the Cline smith incident, Morgan went through the Remington and Terry instances, in which these two men had testified that they each received less than their road certificates had called for and for which, Clark had received theI money from the county. The intent to defraud through another Is equally as bad as if the act had been done byl the defendant and if you find without a reasonable doubt that Clark did SO, it is your duty to find him guilty. We showed you by evidence that Clark before June, 1912, had hired cooks, had placed them on the county pay roll, and that after their names on the road certificates had been inscribed the word cook" When the board discovered this and people began to complain about cooks in Clarks l boarding camps being paid by thel county, the supervisors told Clark he would have to stop paying his cooks on road certificates. He did stop for a time and later on commenced pay ing his cooks on road certificates but did not insert the work "cook" after their names and we have proved this to you. l
 The defense put up is unusual. lti is one that admits all these facts and still holds that the defendant had no intent when these things oc- cured. The defense of good char acter is as old as crime itself and is of no value. I have nothing against the defendant and the question is merely one of whether the law is to prevail. The law must be enforcedt it be the common criminal, or the county official, for the intent is the same and if you believe the evi- dence offered l cannot see how you can find the defendant otherwise than guilty.
 Attorney Clark's address was made in the way of an answer to Morgan's and run along the same lines, dis playing the defense's points and them to the front. In a general way it was as follows:
 This trial is taking long time, but in opposition to Mo.gan's statement, l will say, that it is very simple and in conflict with the statement that county officials and men in high of l ices who have committed crimes ar: being prosecuted the same as the criminal, will say, that if hat were so, there would have been , general house-cleaning in Yavapai county long ago. Here's man that vas not bookkceper, and was not a awyer and he had to work nights to ret his renOrfS ready SD that the men