Bisbee daily review., 1916-03-31
WRIT IS GRANTED BY SUPERIOR COURT AND
 APPEAL IS EFFECTED
Judge Baughn Overrules Mo- ton for New Trial in John- son-Murray Case. Matter Now Up to Supreme Court.

TOMBSTONE, March 30. (SpeciaD In the motion for a new trial and the application for a writ of probable cause in the case of the State vs Andy Johnson, an affidavit has been filed by the defendant that sets forth the grounds Of the request The affidavit alleges that the County attorney had placed in the court room in front of the jury a large quantity of whiskey in bottles on the tables and afterward offered it in evidence and that in ad dition thereto there were two other lots of whiskey in cases on display, one lot of eight cases, and the other lot of twelve cases, which were alleg- ed to be evidence in other cases pend ing against the defendant. That the defendant through his attorney object ed to this other whiskey being in the court room in sight of the jury and the court refused to order it removed and that it was prejudicial to the rights of the defendant by leaving it there and tended to influence the jury. The affi- davit further states that there were listed on the blackboard in the court room in front of the jury three cases in which the name of the defendant appeared and that it tended to preju- dice the jury in considering the case in question by having the others listed off the blackboard but that the court refused to do and thereby created prejudice in the eyes of the jury by not so doing. On account of these facts the defendant asks for the certi- ficate of probable cause. The motion fer new trial was denied on these grounds but Judge Baughn granted the certificate of probable cause and the appeal will be taken to the Supreme Court Johnson and Murray, the de fendants in the case. were released on bond in the sum of 5000 each with l J. M. Johnson, James Crawford and L. 1 A. Brown as securities The trans ] cript and the papers in the case will ! be sent up to the Supreme court as soon as possible.
 Writ Denied.
 The writ of habeas corpus in behalf | of John J. Fry was denied by Judge ' Lockwood in the Superior Court this | morning. The defendant was released ! on his own recogniZance until Monday | to furnish a peace bond of $500 He ! was held by the Justice of the peace at | Garces for threatening the life of one | Ernest C. Wickersham. The bond will ] no doubt be furnished.
 New Suits Filed.
 Naiehire Caraboodure has brought suit in the Superior Court against | Wm. Rothenberg and him as trustee and Sheriff Wheeler to quit title to property in Douglas.
 George Jariell has brought suit to foreclose Q mortgage against NJ. c. Medigovich for debt in the sum of S250 and interest. The property in- volved is near Lewis Springs. l.
 Enriquete Guirteez has filed an act ion for divorce against Otilana Guirt- eez on the ground of desertion Ii
 Chas. E. Deane, ct al has brought suit against Eugene J. Deane etal for debt and foreclosure of mortgage on mining property in the Tombstone dis I crict. The property involved being 1he Old Guard mine and mill site. !!
 Case Dismissed.
 The celebrated millionaire case of Spreckles vs Mackay etal and the Su- gar Plantation Company which was filed in the Superior Court here as well as in several courts in the state, li has been dismissed. The parties have reached a settlement and all of the T cases pending have been dismissed.
 Fire Destroys Residence.
 This afternoon about 2 o'clock the T residence of Mrs. Kate Rafferty on Sixth Street was consumed by fire. The fire started in rooms occupied by Professors Telford and Meyer of the Tombstone schools and when discov-