Weekly journal-miner., 1915-04-28
FATE OF CLARK UP ID JUDGE
 COOPER
(From Fridays Daily.)

 the decision of Judge Cooper on a question raised by demurrer entered by the defense late yesterday after noon.
 The two principal points raised in the demurrer are: First whether the board of supervisors were within their rights when they paid anything Lut D. NJ. Clark's salary demand and second as to the suficiency of the al legations in the complaint to put Clark to trial.
 The defense claims that under the statutes of the State or Arizona the board of supervisors violated the law when they accepted the road certl- hcates through which it is claimed Clark defrauded the county, and on the other point they claim that the complaint will have to allege that the county did not receive value in work for the $14OOO spent by them before it is sufficient to put Clark on for trial. County Attorney O'Sullivan argued that the question was foolish and had been discussed at the trial last fall and it was unnecessary to go over it all again.
 The demurrer was taken under con sideration until this morning at 9:SO o'clock when court reconvenes and when decision will probably be giv- en. or else it will be submitted fo7 further argument before the court after which a decision will be rem dercd.
 If the court over-rules the motion the trial will go on and Clark's fate will be decided by the jury while if it is upheld the trial will come to an end and Clark will be set free.
 The demurrer was entered immedi' atelv after Frank Clinesmith took the stand for the prosecution and he was not given chance to testify. If the trial goes on he will be the first one on the stand this morning.
 The twelve men selected as jurors were: Morris Asher, O. B. Marshall H. C. Vincent, K. D. Washburn, P. B Jones, C. E. Robertson, w H. Nor gan. F. C. Williams, Carl Radley, w R. Vandcnbu-g, Jeff Davis, and Geo Ulyard.
 These men were selected from . panel of 24 who were taken from venire Of 37. r of whom were from the last jury term and 20 who were especially summoned for this trial.
 Not much trouble occurred during the examination of the panel. The men were all questioned along tho same lines, being examined as to theil residence, occupations, whether they were acquainted with Clark or wheth CT they had formed any opinion iron talking of the trial or reading tho newspapers. They were also qucs toned in regard to political affilia tions. County Attorney O'Sullivar examined for the prosecution anC Clark and Anderson for the defense P. B. Jones, one of the l2 men SC lccted, was asked by Anderson wheth CT or not he had heard the county at torney's campaign speech. Jones re piled in the negative and Anderson told him he was very fortunate. An other incident of that kind occurred when Blake Baker was being exam incd. He was asked by the dcfens' if he had heard the county attorney! campaign speech in which the Clarl case had been discussed. Baker re piled that he had but had received nc impression from it whatever.
 w. ]. Casey, one of the trial juror declared he had talked to the princi pal witness at the former trial anc had formed an opinion The dcfens objected to him and the prosecution not making any objection Casey wa excused.
 B. w. Ungles and A. K. Lee wer' excused also, the first because he hac served on the jury at the other tria and the second because he had no lived in Arizona six months previou to this date, which is one of the quail fcations necessary for juror.
 Attorneys for D. NJ. Clark ar Clark & Clark Anderson & Lamsor and J. F. Russell while County At torncy O'Sullivan and his assistant ]. H. Morgan, arc conducting tn prosecution.
 After the information was read t the jury by Clerk Farley, County At torney O'Sullivan addressed the ju-.. and declared that by competent ev dcncc he would prove that D. M Clark as county road superintendent hired men to work on the count roads and issued road certificates i payment for work which the men in dorsed and gave to Clark who woul pay them with his own checks. Clark he said, would then take all the cer tihcates. file them and his own salar