Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1917-03-14
AUT0M0b|L|ST
FOUND GUILTY
BY THE COURT
Conflicting Evidence Given
in Auto Case; Sentence to
Be Pronounced by Judge
Wheeler 2 O'Clock Friday

Wheeler 2 O'Clock Friday
lnsinuating that a second charge had
been placed against his client A. r.
Dearborn, only after considerable men
ton had been made of the reckless
driving case in the newspapers, Attor-
ney John l.. Gust asked the court yes
terday to take cognizance of this fact
MI. Gust stated that while he sympa-
thlzed with the press in its efforts to
suppress speeding, the publicity was
rather unfortunate for his client whose
alleged offelse was being intoxicated
While driving a car. County Attorney
Laney declared that the comments of
the press were immaterial to him add =
ing nor should the court get panic
stricken at the press" He had hardly
concluded his statement before the
court found Mr.. Dearborn guilty,
charging him to stand while he an
nounced that he would pass sentence
at o'clock Friday afternoon.
Justice Wheeler's decision came IS
a decided surprise to the defense
Practically every witness who took the
stand declared that though he had
been with Mr.. Dearborn that evening.
he had not known he had been 0rinl;-
ing. His manner of handling his auto
mobile was alleged to have prevented
rather than to have been responsible
for the accident that occurred on
North Central avenue. when Dewey
Qualls and his young women compan-
ions, Miss May Tingle and Miss Josie
Attaway, were injured Miss Tingie.
whose eyes We're still discolored as :
result Of being thrown from the buggy.
testified that twice she had TO caution
Qualls to get on the right side of the
road
Reliable Witnesses
Before the motor accident, Mr.. Dear
born had been in one of the down town
cafes where he had spoken to the
members of a supper party who testi-
fled in his behalf. He not only stopped
at their table for some time and
chatted but according to A. G. Dali
mage, Sylvan CAM, Guy Alsap and Pat
Butler showed no evidence of intoxi-
cation. When he left the cafe and was
joined by group of young men. re
was charged by officer Sutherland MOI
to drive the car and T. E. Gurley drove
as far as one of the nearby garages
when Mr.. Dearborn again took the
wheel He drove directly to the Coun-
try club, making the sharp turn at the
end of the road On their return TO
town, they drove in the center of the
pavement. according TO the defendant
and his companions. The buggy on the
west made a sharp turn toward the
east and it was only by skillful driV-
ing on the part of Mr.. Dearborn that
a more serious accident was avoided
| Only man who had complete control
of himself could have driven in that
manner and prevented what might
Lsa- Il
Mr.. Gust contended that the statute
under which the defendant was beipg
prosecuted referred to a driver being II
| an intoxicated condition when he wa.
Unable to control a car and that while
Mr.. Dearborn testified he was driving
too fast that was different charge
that would be considered later. He
commented upon the fact that only one
of the twelve or more witnesses de-
clared that the defendant was intoxi
Gated Officer Valenzuela testified
that he drought Mr. Dearborn was
sober.
| Policeman L. f. Stewart stated OF
the stand the charge in the complaint
The complaining witness testified thai
while he believed Mr.. Dearborn hai
been drinking he did not appear am
/ worse than some of the rest of then
! in the restaurant.
Witness is Excused
E. B. Hollinger, who was arrested
with the rest Of the party and released
on a SIS bond, was called as a witness
for the state The objection of hi
counsel on the ground that he wa
charged with aiding and counseiing III
Offense that was being tried, was sus
tanned by the court.
The six young men, T. f. Gurley, {;
E. Mcdonald, C. S. Mines, W. A
Springer, e. r. Standage and Hollinge
later took the stand in behalf of tn
defendant They told practically til
same story.
They declared that they had n
knowledge of the accident as a scrap
ing sound was the only indication the
had that the automobile and bugg
had collided. They continued towar
town until the machine went dead.
was after they discovered that the bat
terry box had been knocked off tina
they realized that something mus
have happened to the occupant of tn
buggy, they testified. Dearborn aska
three of the young men to return I
the scene of the accident while he an
three others returned to town for
service car.
During the recital of testimony tn
jurors in the case of the six me,
charged with aiding and counseling Nj
Dearborn were not permitted in tn
court room.
Immediately after Justice Wheel
handed down his decision, the juror
were examined and his six alleged con
federates will be given their trial b
jury beginning at o'clock this morn
ing.
Fraternal Brotherhood. St. Patrick
Pail. March II. X. p. Hall-Adv. b