Weekly journal-miner., 1917-03-21


 permission of the sheriff's office, in troduced into the county jail and giv- en to Joe Davis, a Federal prisoner, in a drawer of a desk in the office of C. w. Pardec, was the startling testi- mony of John Carpenter, trusty. in the Federal court yesterday. Carpen- ter was the second, and most import ant witness of the United States against the we'll known local horse man. in the case charging him with having conspircd to assist Davis, who has since been convicted in this court of train robbery, to escape the clutch es of the law.
 It took all morning to get squared away for this case. A jury was se- lectcd as the noon hour passed, and at 2:30, before an audience that was made up of many interested spccta- tors, and members of the civics class at the High school, United States At torney T. \. Flynn started putting in the States case. It was announced at the start that the government de- sired the presence as witness of W. T. (Buck) Bertholf, an accomplicc of Davis in the robbery of the Golden State Limited al Apache, last Septem- Der. Bcrtholf is now being held in Tucson, pending removal to Okla homa, where he was indicted for a similar offcnsc. He was the prOsecu- tion's star witness in the case against Davis.
 Under Sheriff John Robinson was the first witness called. He said he took office on January lst and found Davis incarccratcd in the jail. He produced the commitments, by which he was held. but these were not ad mittcd in evidence at this time.
 Carpenters story was drawn from L:'', means of a lengthy series of questions. The prosecution showed desire to bring out all the testimony in an exact and regular manner, and tine attention of the defendants attor- ncvs. w. l.. Barnum and r. w. O. Sullivan, was quite close.
 After describing minutcly the con struction of the cells and corridors of the jail, Carpenter went on with his story. Hc.told how Davis had asked him to deliver note to Pardcc be- tween the 18th and 18th of last De- ccmbcr. He found Pardcc in an old barn he was wrecking just across the street from the jail, and there gave him the first note. He stated Doc had read the note first to himself and then aloud, and thcrcupon burned 1t, saying it was so nobody would get wise to it." Quoting the note, Car pcntcr said it was statement of Davis desire to get away, and re quest that Pardcc place some saws in the southwest window of the jail. Pardcc, according to the witness, told him he would see Davis in day or two, and in the meanwhile, to look around the old barn and sec If he couldn't ind something that would be of use to the prisoner.
 The second note, Carpenter said, he showed to the officers. They unscal- cd the envelope, copied the note and gave it to Carpenter to take to Par dee, which he did on January 2+th. He found Pardcc at his own stables on North Montczuma street. Pardcc said he would give Carpenter an an swer in an hour, but when the trusty went to the barn at the specified time, Doe was not on hand. He stated Pardcc did not read the note immcdi- atcly on receiving it, or in his pres cuCc, at all.
 Next morning-that iS, on January 18th - Carpenter went to Pardcc'S stables and Doc" told him if Inc wanted job. he could clean up the premises. He called his attention to thc filtered condition of an upper drawer in his desk, within the rear office, and the witness proceeded to his work. He said he made pre- tense Of cleaning out the office, then discovered the drawer. open slightly, and containing q parcel of hack saws, standing on end. He took the saws, hid them in the panel oi glass pan clcd door leading from the rear into the front office, and departed. Next day, on orders of the officers, Inc went and secured the saws. The saws were produced and marked for idcutiica- ton.
 On January 29th, the witness testi, ned, he gave third and hnal note to PardcC, whom he found reading d pa per m the entrance to the barn. Par dee concealed tho note beneath the paper and did not then read it. Ar hour later, he went and asked Doc, what about it, and Pardcc said nothing doing"
 Copies of the two notes, made by !. II. Robinson ,,vcro then produced, bu; could not be introduced on the | testimony ol Carpenter alone. Rob-