The oasis., 1901-08-31

hung over the top of the door. The crack in the door was about 2i inches
 in width. The door was fastened on
 the inside. Hoey was seated where I could see portion of him
 Tue talk started about Roush. Hoey said to Webb: "If you hear anything have said against you don't you believe it." HOsy remarked that he had been doing business with
 Frank How Chinese were passing all the time and they might just as
 well get something out of it as not.
 There was talk about money due
 Webb Hoey told Webb tmat he
 would have to go to Frank How aud get 1t. l afterward told Webb to go and get It and he did so There seemed perfect undo rstanding be- tween them. l received from Webb three checks-S20, S30 and SlO Respec. lively. Tue last came n letter which l opened
 since these proceedings commenced. At the time saw him in webb's room l could see portions of MT. Hoey Can describe the way he was dressed. Can- not recolect who started the conversa- tlon. was there 10 hear the conversa- tion. l think Hoey started the con- versati0n. The substance was that chinese were coming over They could not catch all of them and they might as well get money from those who were willing to pay. 1 am positive it was Hoey who said so webb wanted to know how to know who had paid to come and who had not. Hoey stated that those who had paid would be given private mark-letter "A" up. on their papers.
 July 26th, went to Calabazas with Hathaway to look for Clifton china men. Did not find them On the 27th. they were reported out somewhere. On the 2Sth webb reported them at Pesqueira ranche. we drove out and found them in charge of a mexican. Examined them and took record of their certificates. We let them gO
 Night of July 29th. Hathaway and 1 went out to cemetery. webb came shortly afterward. when the six china men came we examined their certiti- cates. They had the letter ''A.n On the evening of the 30th., while on my way to Tucson by stage l passed them at Tubac. At the Junction, where we staid overnight, they overlook us and were still there when we started in the morning. 1 saw them again in Culver's court in Tucson. A ugust 3d. They had been arrested by Jossey. Heey and Adams were witnesses in that case 1 heard Hoey testify that he had never seen those chinamen in Nogales. Two of them were deported.
 The government rested, and the court took recess until 7:30 P NJ.
 At the opening of the evening session Judge williams on behalf of the defence, moved dismissal of the case on the ground of insutficiency of evi- dence, supporting the motion with short but clear and convincing speech, pointing out that the evidence in no wise connected the accused with the allegations set forth in the complaint.
 Judge Rouse followed in an eloquent speech of an hours duration in which he paid scathing attention to the ad- miGted violation of law committed by the officials in kidnapping and illegally holding witnesses. He also explained the testimony of Cudehack in the bond matter pointing out that the bonds the witness had been asked to make were such as brokers are daily making for transportation of chinese through the United States. Judge Rouse closed with touching apostro- phe to the memory of the deceased B. F. Jossey, whose name and fame the had in no wise touched
 MT. McLemore presented the case for the government. This court" said he, lis sitting as committing only. Its duty is not weigh and measure evidence but to deter mine solely whither the evidence ad- duced shows probable cause for indict- ment upon investigation by grand jury. That cause having been shown it was the duty of the commissioner to bind the accused to appear before the jury. The evidence of Webb and Dickey had established that, and the defence had not traversed it and to hold the accused was the duty of the court"
 MT Martin closed for the defence.