The copper era and Morenci leader., 1919-10-24
JURY SESSION
 SUPERIOR COURT CONVENED MONDAY
Many Cases on Calendar Being Dis posed of; Judge Laine Issues Order For Fifty More Jurors.

posed or; Judge laine Issues Order
 For Fifty More Jurors.
 The October Jury session of the Supertprl Court convened on4 last Monday morning with fifty of the seventy-five jurors drawn making thelr appearance. The Sheriff's of ice experienced great difficulty in summoning' the venire as grea. n1mter have left the district since the depression of those remai.rug are scattered over the entire coun- ty- Court Bailiff F. B. Fox announce ed the opening of court promptly at ten o'clock and after hearing a few prel1menary matters, Judge Laine called the first case set on the caIen- dar, being the case of the State vs. Julian PadiIla and Ricardo Casten- ado, who were jointly accused of burglary, alleged to have been com mitted at Morenci. A jury was empaneled and sworn to try the case and when the prosecution called the states main witness, it was discoy- cred that he had been summoned by the Sheriff but immediately thereaf- ter had left the Jurisdiction of the court a. d after short consu .tati, . the County Attorney moved to dis miss the case and the two defend ants were discharged by the court. This being the only case set for the opening day the jury was excused until Tuesday morning.
 Frank Francese, Jr, was appoint ed Administrator of the estate of his father, Frank Francese, deceased, of Duncan, and his bond fixed in the sum of S5,000. A. R. Lynch repre- scented the petitioner.
 On Tuesday morning the case of the State, vs. Samuel Gonzales, was called. Gonzales being accused of the crime of assault with a deadly weapon. Frank Hadad, the main witness for the state testified on the trial that on the evening of the 14th of September last, he met the de- fendant Gonzales on the MorencB plaza and asked him for two dollars that the defendant owed him for several months for an auto ride. Con- zales became enraged and threaten ed to kill him if he ever accosted him again. Hadad who operates a service car between Clifton and Nor enci, left soon thereafter on one of his regular trips to Clifton and was accompanied by cnt passenger. As he approached the railroad crossing near the Morenci Dairy, he saw Gonzales standing near the road and on passing him heard Gonzales say: q am going to pay you now'', and at the same time reached in his pock- ct and drew revolver and fired two shots at him. neither of the shots however striking the car or it's occupants. Gonzales testified to the effect that Haddad had threatened to whip him on several occasions and that in order to scare Hadad and to insure that he would not be mo- tested again, he went home and drew the bullets out of two shells and then went down and met the car and driver on the road and fired two blank shots at him. The jury however, thought his story was a lit tie bit thin and returned a verdict of guilty as charged and recommended clemency. l.. Kearney, attorney for Gonzales, has since the rendition of the verdict filed a motion for a Jew trial which will be ruled upon next week.
 The case of the State vs. Jchn McCulioch, for a statutory offense was dismissed this week by the County Attorney on the ground that the pros ecuting witnesses ccu.d hot b. looGteG.
 The next case tried was that of the State vs Clarence Phillips, for the crime of Incest. The testimony in this case showed that the defend ant Phillips, on or about the 27th day of April of this year, was united in marriage to his first cousin, Mil dred Collett, by Judge D. E. Address at Guthrie, which, under our sta ute, is punishable by term of inn prisonment in the State Prison for a period of not more than ten years The defense practically admitted the charge but claimed that he was ig- norant of the fact mat 1t was un- lawfa! for a person to marry his fist cousin and tha. immediately af ter he was marrier, someone fn- formed him of the fact, and that he immediately sent his wife to his par ents to ranch near Clifton, where she remained until annulment pro- ceedings which she fled shortly thero after, were head and the marriaee