Tombstone epitaph., 1921-10-16
STATE INTRODUCES
SHORTAGE EVIDENCE.


sively the part played by W. p. Walk
er, former deputy county treasurer,
charged with embezzlement, was in
troduced by the state today. only af-
ter several clashes with defense coun-
sci, in which the court ruled in favor
of the state.
This morning. admissability Of two
tai receipts issued by the defendant
to NJ. F. Bane. of Douglas, on which
the complaint of the county attorney
is based. brought up the first objec-
ton by the defense counsel. Bane had
testified that he had paid in person
on August 2sth to Walker taxes on
two different pieces of property total
ing s10459 and Walker had issued
him a receipt in each instance.
Attempt on the part Of County. At
torney j. F. Ross to introduce the re-
ceipts in question brought forth the
objections from the defense counsel
and the jury was excluded from the
court room pending the courts ruling.
The defense contended that the tes-
timony Of the defendant and the re-
ceipts in question showed that the de-
PENDANT collected and signed the re-
ceip;s as deputy tax collector. when
he was indicted as betraying his trust
as deputy treasurer, the tax collec-
tors Office and the treasurer's Office
being two distinct Offices, although ad-
ministered by the same man.
Following considerable argument
and introduction of authorities, last
ing until the noon hour. Judge Lock
wood announced he would render his
decision at 100.
When court reconvened in the az
ternoon Judge Lockwood held that
the statutes of Arizona we're plain on
the subject OF the powers and duties
OF deputy treasurer, who must collect
all delinquent taxes and in view that
the defendant had been indicted as
deputy treasurer, the defense objec.
ton was overruled and the states
case proceeded.
Guy c. Welch, treasurer, then occu.
pied the stand for few minutes, ties.
tifying as to the status of certain
books in the ONCE and the method
used in bookkeeping and striking cash
balances, both daily and monthly.
amount of sI04.os alleged in the com.
plant as embezzled by the defendant,
was short. The evidence was adduced
only after the defense objected siren
| uously On the grounds that the res.
orGs were the best evidence. The
witness stated emphatically that the
money never reached the county treas
ury, proven, he said, by the fact that
the item did not appear on any other
record. cash book or otherwise.
Cross examination dealt mostly re
sarding the conclusion of the witness
regarding the method used in ascer
tanning whether or not the cash eve!
reached the treasurer vault.
When Eugene Stevens, of Bisbee
testified that he had paid in person
to Walker the amount Of 1891 70;
taxes after a check sent through the
Mr.. WEIGH also testified that Walk
er received a salary Of $50 pei
month. which was substantiated BY
the testimony Of W. E. Clark, assistant
clerk of the board Of supervisors
who submitted the pay roll blanks
dating from January 1919 to 1920 in
elusive
George Brown. chief witness for thu
state then resumed the stand and wa
on until afternoon recess was declar
ed. Before his testimony regardin!
the item shown on the back tax book
which had been paid by Bane was al
lowed, the defense required Brown t
be qualified as an expert on hand
writing, when he stated that the item
marked paid" was Walkers hand
writing.
| Brown stated positively the item
had been marked paid in Walker
handwriting, and further that tn
rail had been returned to him, :
brought out another objection from