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. burning of the flesh from Knight's . bones with an acetylene torch. f Testimony UncertainIt vrae Mrs. Laub’i last stand and * when pinned down in cross exnmlna-: tlon by a defense attorney ’eke be-- came badly mixed In her *?tory, t changed her former testimony In rc-\ gard to the alleged occurrences, and I finally admitted that although she olaimed to have watched the destruction of the body for more than two hours, she was unable to state luto which elde of the arroyo the car containing its decompolng burden had been driven on the night In Question. This admission was made after shehad, a few minutes before, pointed out the exact direction which the car, according to her memory of the occurrence, had. followed more than two years ago.Here, too. Justice McKee produced the skull, «tate*e Exhibit A, which had been louna in November, 1921, by Tom Houcjc and hie stepson. Houck, among those present, placed the skull In the name position It was lying, partially exposed, when found, and his testimony was' further corroborated by Judge P. R. Mitten of Chandler, who was Justice of the peace at Buckeye in 1921. Judge Mitten was present when tbe bones, lying in order but not connected together, were exhumed in 3921, and conducted an inquest over the remains at that time. In which the coroner's Jury expressed their opinion that the bones were not those of Knight.Returning to the Hassayampa garage, the court took unofficial cognizance of an acetylene welding outfit,I including a torch, and two tanks,one of oxygen, the other of gas, belonging to Tom Tunstall and which he declared was the same which he had In use at hia garage In 1921.. Onee Footwearthey could be they should beare as tempting as the new !N footwear achieves smart-ig from good taste. The the handsome qualities and ie a surprise when you shopWhen court was reconvened In Phoenix, follownlg the trip to the desert, opposing counsel rested their respective cases and waived argument Justice McKee then dismissed the complaint and summed up hie reasons therefore as follows;Makes Summary•The only testimony tending to establish the death of John J. Knight and the Identification of his remains, was the testimony of the witness. Ruby Laub. Her testimony wax not only corroborated as to every material point, hut It was also contradicted as to some material points.“Ruby Laub testified that John J. Knight was in the city of Phoenix on the 8th and 9th days of July, 1921, and if it were merely a matter as to whether it were the 8th or the 9th, I could easily understand that one might ho mistaken as to date, but she testifies that he was here on the 8th and the 9th, while I am convinced that John J. Knight was not in Phoenix. Arizona, on the 8th day of July, 1921, and I am convinced that he arrived In Phoenix on the morning or the 9th of July, and that he left on the afternoon of the same day. Being convinced of that fact. It necessarily follows that 1 am convinced of the following facts:•'That Ruby Laub was not In an automobile with John J. Knight In the city of Phoenix on the morning of the Sth of July. 1921; that Rubv Laub did not go with John J. Knight to the- residence of the defendant, Letltia Smith, in the city of Phoenix on the Sth day of July; that before that time, the defendant Tudy Mc-Biles had not remarked to Ruby Laub: 'If you go with that man again, or if you se© him again. I will kill him'; that Ruby Laub did not go with John J. Knight to the Grand Cafe In the city of Phoenix on the evening of the Sth of July.I can not help bo* give weight to the fact that Ruby Laub testified before a grand Jury in this county nearly two years ago and that when she went before that grand jury she gave them no Information whatever, and gave no information to any officer of this county as to the burning of the body of John J. Knight. Ruby Laub testified that the body of John J. Knight was burned and gathered and burled in a comparatively email space of ground. The testimony of witnesses who exhumed the alleged body of John J. Knight and witnesses who are familiar with and had knowledge of the desert are contradictory to that statement They teetifled that the bones were found buried in a space —occup yir.g a apace about the length of an average man; that although the bones were not connected, they wer© laid In an orderly manner, the head, the trunk and the limbs; that there were charcoal upon the stems of grass near the grave and near where the body wae burned; that there were ashes and charred leaves near there which would not have been there had they been placed there four months prior to that date.•’There is also the testimony of the dentist who performed work upon theA . -11. _ Y . * *tool of those more severely punished.Charge GaleArgali was arrested In the early part of the summer when he la alleged to have made a sale of a blndle of narcotics while standing at a corner of Washington street and Central avenue. The sale, according to the statement of facts .to the Judge, was mad© to an agent of, the authorities who gave marked money to Argali for the purchase. The marked money ami nnft binrile of narcotics werefound in Argali's possession after hla arrest, according to the statement.Argali caused the authorities considerable inconvenience while he was hold in custody, the statement further said. Argali gave authorities a description of a man whom he said was the man higher up in the narcotic traffic. After a man fitting the description had been arrested. Argali declared he was not the onehe had reference te, and later declared that he was bluffing the authorities, it was related..Imposing of severe penalties on the •Tittle peddler, federal aifthorities declared in connection with Judge Jacobs’ avowal of war on the traffic, may assist authorities In reaching the dealers higher up. declared by Narcotic Agent J. H. Fleming to bs the root of the narcotic evil.Federal authorities have established. Mr. Fleming Said, that the men higher up in the traffic protects Us agents as far as possible in the efforts to prevent squealing*’ In event of arrest of the peddler of small quantities. Long penitentiary sentences will go far toward discouraging others from engaging in the traffic, and may result In disclosures when the bindle peddler is arrested, he said.case, believes that these defendants should be held to answer, it is perfectly legal and proper for them to file a new complaint before any magistrate In tht? county. It is perfectly legal and proper for any Individual who thinks that these defendants should be held to answer to take this matter before any grand Jury which may be called in thi* county.Dismisses Cases Ruby Laub said that she was not ready at the time she testified before the grand Jury to give all of her testimony. I believe that she Is taking that same attitude before this court. I believe that she is not yet ready to tell all she knows. I can’t also help but believe that It Is likely that some of these defendants have information that might be of value in clearing up the murder of John J. Knight, and I hope that If they do have such information they will at some time in future feel It to be their duty to give that information to the court, not_only that the murderer® of John J. Knight. may be brought to Justice but also that the odium thatmay forever stay in the minds OCsome of the people will be removed from the innocent, that they will stand fully exonerated before the public and before their own families.T * flV T h*nn 41.
Newspaper Details
Phoenix Arizona Republican
Phoenix, Arizona, US
Sun, Oct 21, 1923
Page 2
Full Page
Clipped by
Carole S.
WI, USA 26 Jun 2019
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