Arizona republican., 1919-10-21
STATE CEMENT
 WAS BORROWED
 IS TEST| |MONY
The Preliminary Hearing of Harry Hurley, Who Is Charged with Larceny, Is Begun at Tempe - Will Resume Today

The hearing of the case of the state against Harry Hurley. charged with the appropriation of some 1000 sacks of cement and $50 sacks of barley, the property of the state, was begun yes terday before Justice Cummings of Tempe, and at the end of the day was continued until this morning. Only testimony for the state has been in- troduced so far.
 The first witness. was Orrin Butts and others were Justin Butts, Clifford Uetz, George Binkley, ST., George Binkley, Jr. and others employed by the Butts in the transportation of cement and barley from Tempe to the slaughterhouse of the defendant on South Fifteenth avenue, this city.
 The state made the point that the barley was hauled late in the after noon. but it was shown that at the time, last May, it was not yet dark at z o'clock, the latest hour mentioned, and the truckmen said that they mel various persons on the road; that there was no attempt at concealment
 Hauled Over South Road
 The state brought out the fact that the hauling was over the south road from which it was inferred that that
 
 servation. But the witnesses stated on cross examination that on account of the repairs being made on the north approach to the Tempe bridge, it was impossible to haul load over that road that it was difficult to get over it with an empty truck.
 One of the Butts said that Hurley instructed him, if in case he was asked about the destination of the barley, to say that he knew nothing about 1t. One Of the Binkleys said that he had heard something said about that but he could not say who had said it. It was testi- fled that under the direction of Hurley cement had also been hauled to Mesa and to the warehouse at Tempe.
 State Engineer on Stand
 The most important witness was State Engineer Maddock. He said tn il he knew nothing about the removal of the cement and barley by Hurley un- tl October Il. He had heard rumors Of 1t before. The first definite infor- nation came in letter from William Springer who had been in charge at Tempe saying that he had loaned Hurley cement and barley. The state engineer said he had authorized no one to loan cement and barley and for hav- ing done so Springer, he said, had been discharged. Speaking of loaning state property. he said that under the pre- vious administration the state had loaned a carload of cement to Halstead and that no record of the transaction had been kept. When the present ad ministration came in 1t knew nothing about it and would not have known anything about it if MT. Halstead had not informed the authorities that he had borrowed the cement and was now ready to return it.
 Other Property Loaned
 MT. Maddock offered further to show that previous administrations ha' loaned a road engine to Fred T. Golfer Attorney General Jones objected to tht ntroduction of this evidence and | was excluded by the justice. MT. Mad dock then offered the correspondence between him and Hurley with refer ence to the cement and barley in whicl a demand had been made for the re turn of the property, reply iron Hurley that it would be returned a statement from the official in charg, that it had been returned.
 l.. O. Whitcomb hookkeeper for tn, Tempe Milling company, testified tha he had delivered the barley on a requi sition from the state authorities. Tn acquisition was not presented by Hur ley; he had no conversation with Hur ley and only saw him sitting in a ma chine. UetZ had said that he had as sisted in hauling the barley away Whitcomb could not identify him a one of the haulers.
 There were two cases involved, on the cement and the other the barley and ran along concurrently. Attorne General Jones, County Attorney Lane and F. J. K. Mcbride of the office O the attorney general appeared for t'. state and Messrs Bullard and Jacob for the defense