Bisbee Daily Review

THE DUEY TRIAL IS SET FOR JUNE 9TH

Hard Legal Battle Promised by Defense on Three Embezzlement Charges.

(Special to Review.)

TOMBSTONE, May 13.-By the action of Judge Doan in the district court yesterday in denying the demurrer to the indictments returned by the last grand jury against Harry Duey charging him with the crime of embezzlement, the latter will be compelled to defend himself against those charges on the 9th of June, on which date the cases have been set.

A hard legal battle has been waged in the charges against Duey, and twice the demurrers were sustained to the indictments as returned by the grand jury and the new indictments returned. At the last term of court in October the indictments were quashed and the cases had to be resubmitted to the grand jury that was empaneled for the April term. The first indictments returned by them were also quashed, and they were resubmitted to the grand jury before that body adjourned and were filed in the court on the day of the discharge of the grand jury. The demurrers this morning went to the fact that witnesses were not recalled when the case was considered by the grand jury the second time, and that no facts were alleged to constitute a cause of action. The court ruled adversely and the cases were set for trial.

Harry Duey will now have to stand trial on three charges of embezzlement that grew out of the failure of the late firm of Duey & Overlock a few months since. The indictments respectively alleged the embezzlement of funds from the Cochise Development Company; Fred Colman and Frank Huckelby.

Attorney Joe Morrison was looking after the interests of the defendant and Assistant District Attorney Ross after the interests of the territory. Duey is out at present on bond and has been since the charges were first filed against him.

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