The daily morning oasis. [volume] (Nogales, Ariz.) 1917-1920, 1920-10-01

AIISE cuuuIluSF PdIlSAIiy Aduy
months Of espersion, ,calumny and
positive abuse for not compelling the
bonding company to pay the elleged
defalcation Of W. H. Smith, former
Town Treasurer of Nogales, Arizona,
the present City Council, headed by
Mayor James A. Harrison, have
brought the matter to trial in the
Superior Court Of Santa Cruz Coun-
ty, which began consideration yester-
day, before jury, of case entitled
City of Nogales VS.. w. H. Smith and
the Fidelity Trust & Guaranty
Company of Maryland" the latter
named defendant, corporation, be-
ing executor of the bond given by
Mr.. Smith for faithful performance
of his duty.
The case is sort of triangular af-
fair, there being in the defence two
sets of lawyers. J. W. Dagnon of
the firm of Lawlor and Dagnon of
Los Angeles, with Frank j. Barry
ESQ.,, and Arthur H. De Riemer Esq,
Of the local bar representing the
bonding company; S. F. Noon and
Duane Bird of Nogales appearing
for Mr.. Smith; while City Attorney
Ernest r. Purdum represents the
complainant, associated with him
John B. Wright Of Tucsos, one of the
most prominent and ablest attorneys
in Arizona.
Judge W. A. O'Connor being dis
qualified his place on the bench is
being occupied by Hon. Samuel L.
pattee, Superior Judge of Pima
County.
Promptly upon opening of court
yesterday the case was called and =
jury ordered impanelled. 1t had been
predicted and anticipated that great
deal of time would pc consumed in
the preliminary work of examining
talesmen and picking a jury; but to
the surprise of all the proceeding
moved very quickly, and within an
hour and half the following twelve
good men and true" had passed search
ing examination and scrutiny, re-
ceiving finally the test of peremptory
challenges, and were sworn duly to
"well and truly try according to. the
law the evidence the case wherein the
City of Nogales is plaintiff, VS.. W.
H. Smith and the Fidelity Guaranty
G. Trust Company is. defendant"
]. V. Burge, John A. Mcdonald, V.
P. Buchanan, Arthur B. Anderson, 7.
3: Titus, w. M. Keyte, Monte +
Fariss, Frank Burruel, Charles u
Karns, Roy A.~Noon, F. A. French,
Andrew Bettwy.
Piled upon the end of the long desk
Of the Clerk of the Court there was
stack of packages of vouchers, de-
mands checks, receipts, with letter
books, account books, records, ETC.,
that would have made good load
for small auto-truck, all exhibits In
the case, from which was to come the
evidence in the case at the bar OF the
court
MIR. Frank E. Cole, City Clerk and
treasurer of Nogales, was first wit.
ness on the stand, and examination.
with cross-examination of the gen
tleman filled the remainder OF the
morning session of the court, with
short time at beginning of the after
noon session. Mr-Cole's testimony
consisted of identification of various
exhibits In the case, such as reports OF
audits of the books made at various
times by different public accountants
and auditors; various account books
Of the city, demands, checks, vouch-
ors, receipts, ETC.; and in examination
- tbe books M. Cole was quest oned
IS to the handwriting of certain en-
tries in the books, which he tes-
titled were in the penmanship of Mr.,
sn1lth, former Town Treasurer.
At close of Mr.. Coles testimony
Mr.. Dagnon, leading counsel for the
bonding, company moved to strike out
all of his testimony with regard to
Mr.. Smiths handwriting in certain