Weekly journal-miner., 1916-06-07
(From Thursdays Oaily.)

and Jim West of having robbed tic Camp Verde store and postofice or the morning of May lst, were dis missed yesterday by Justice McLane at the conclusion of the preliminary hearing of the two men. In spite Q. damaging evidence introduced b. Deputy County Attorney Joe Mo.- gan, in charge of the prosecution. both men were able 10 prove alibis and at the conclusion of the hearing Morgan himself moved that the case be dismissed
 Justice McLane's court room was crowded with deputy sheriffs. cattle men and ranchers when the hearing. continued from Monday afternoon, was called yesterday morning.
 Sheriff Young was the first witness called by the prosecution. Young gave testimony similar do that of fered by Deputy Sheriff Fred Flaw kins. Monday. regarding the trailing of Horseshoe tracks from the scene of the robbery. He also testified that West had refused to allow his finger prints to be taken after his arrest.
 Leslie Clayton, a former forest ranger who was sent from Camp Verde to Payson, told of having ar rived in Payson on the Wednesday following the Monday on which the robbery occurred. He testified that on the following morning Cutbcrth rode into Payson and that one of thc 1 first things the latter did was to buy a new set of horseshoes for his mount Clayton said that he waited until about 3 o'clock that afternoon. when he and Deputy Sheriff ArmCr. of Gila county, went to Pete Haughis ranch and arrested Cutberth. He sail they took possession of buckskir horse which Cutberth claimed was his. and also found another buckskin horse at Haught's place, which both Taught and Cutbcrth claimed to know nothing about. Cutberth. testi- fled Clayton, said that he had leit William Vests ranch Tuesday, hal [ Fossil creek and arrived at Haught's ranch about , o'clock "Wednesday evening.
 The next witness was Taylor Clark rancher living. between Payson anu Camp Verde. who testified to having seen Cutberth and young Francis Heron about IS miles from Haughi'; rancn on Wednesday morning. At that time, said Clark. Cutbcrth w2s riding one buckskin horse and lead ing another.
 R. II. Powers. liviig about five miles from Payson and an equal dis tonce from Haught's ranch. testified that a man resembling Cutberth hal stopped at his house Wednesday. with two horses. and had asked the way to Star valley, where HaughtE ranch is situated. Deputy Sheriff ]. B. Armer gave testimony similar to that by Clayton and Constable Jonn s. Speer. of tic Verde valley. told of having followed the alleged trail of the two men.
 The prosecution then rested. Attorneys Norris and Russell. for the defendants, then moved that tn case be dismissed, on the ground that the prosecution had not submitted evidence to warrant the holding O. Cutberth and West. Justice McLanc denied the motion.
 The defense then called D. Buric- son, employed by the Big Ledge Co, four miles from William Vests placc, who testified that. at about 6 o'clock, Monday evening. the night on which the store was robbed, he had seer Jim West at Hunter Wright's ranch.
 Wright then took the stand and testified that West was at his place all of Monday might Mrs. Wright. i sister of West. gave similar testi- mony. ]. w. Sullivan. county road fore ! man and Dan Jackson. a road work l CT, said that on the Sunday night be ! fore the robbery, West mad taken dil- ner at their place and was then CT his way from Camp Verde to his brother, William Vests. place.
 Frank Rust and his sister justified | that on Monday morning West haI !! been at their ranch, about two miles from Wright's. i
 John Fredcricks. champion broncho buster and holder of the gold medal offered at the Frontier Bays celc- bration. and Bob Heckle, a cowboy, both of Camp Verde. said that seve-al days before the robbery they had ridden up to Government pass, dis mounted and scooped up little dirt dam in a stream to get a drink. Dep uty Sheriff Hawkins had testified Monday to having found the tracks of the horses in the pass. The two cowpunchers said that the shoes ot their horses were about the same size as tracks. of those found in the rear of the Camp Verde store, which Flaw kins mad followed.
 William West. brother of Jim, took the stand in behalf of Cutberth. He