The Tucson citizen., 1902-04-16

| 6ACubtd
The defense then introduced the de-
positions taken at Nogales, Sonora
MIR. McLemore objected to their intro
duction and asked that the jury be
excused. He stated that he wished to
read from the deposltions in the argu-
ment and that it would hurt the case
to have the jury hear the argument
! The jury was excused until II O'Clock
! Mr.. McLemore objected to the deposl-
tions oil John Sapuna. Frank How ana
Yee Kim, on the grounds that they
were not accompanied by cerulieHtt
of the vice consul who took them,
that the questions were leading and
that the answers We're not responsive
to the questions He also thought that
the entire subject of the dispositions
was immaterial and irrelvant and that
If 1t were admitted that the govern
ment would have to call witnesses TO
dlsprovo that Webb and Dickey were
not guilty of the offenses Of which they
/ were accused in the depositions and
that their cases would also have to be
! tried by this same Jury.
Judge Barnes for the defense re-
minded the court that under the sta
/ tute. Mr. McLemore should have OBJ
jected to the interr0gatories before
they were introduced. He accused Webb
and Dickey of being implicated IN
/ conspiracy to manufacture testimony
/ by torturing Frank How, the like or
which was never known since the in
quisition. He became so vehement in
his denunciations that for time 1t was
! ha he, ripHnuss n fba court
house would have to be closed to pre-
vent the Jury outside in the court
yard from hearing his remarks.
The deposition of Charles Hood,
taken at Naco. Arizona. was then in
troduced. Mr.. Lemore objected on the
grounds that the commission had been
/ issued to some government Of1cer In
Sonora otake the deposition and that
I it had been taNen in COchise County, by
notary OF that district. The defendant
/ had been in this judicial district when
/ the depositions were taken and there
fore should have appeared in court,
! Judge Barnes answered by saying that
/ there was no other officer in the vicin-
| ty to take the deposition.
| The argument on the dispositions
/ having been completed, the jury was
called back and the judge excused them
until O'Clock He stated that the
nature of the question was such that
ne would have to take time to con
slider the objections TO the dispositions
! Of Frank how. Yee Kim and John
Sapuna.
The court met again at O'Clock
when Judge Davis was prepared to rule
on the objection of the counsel for the
government to the Introduction of the
depositions taken at Nogales Sonora
Before the Judge rendered his decision
the defense called Judge Culver to the
stand, Judge Culver testified as TO the
hearing of the six Cinnamon, mention
ed in the indictment. They were tried
/ before him. August 3. Two were de-
ported and four ordered discharged
I The two ordered deported had come
! through the United States in bond,
In the matter of the deposition of
| Charles Hood, Judge Davis ruled that
1t could not be introduced as evidence
on the same ground raised by
Mr.. McLemore in mis- objection to the
introduction of the deposition. In the
matter OF the depositions of John
| FIduh nv" dhd ANihA,
Judge Davis held that they were before
the court properly but much OF
| the matter was irrelevent, The
judge had marked those questions
and answers that the counsel for the
defense might introduce to the jury as
evidence.
The Frank How deposition was pre-
sented to the 1ury first by Judge
Blenman for the defense. How stated
in his deposition that he had never
paid Hoey money to amt Cinnamon to
the United States. How claimed that
Webb and Hathaway had offered to get
Cinnamon across for $50 head but he,
How, had never paid Webb any mon
ey. He went on to tell in the deposition
how he had been Kidnapped by Webb
and taken across the line and there,
he stated that Webb had tried to get
him to make false statements against
Hoey He told OF having signed
false statement under duress.
Only four of the questions pro-
pounded to Yee Kim were admitted as
evidence. They were unimportant ex-
cept as proving that Kim had known
Hoey. The deposition of John Sapuna
was partially admitted Sapuna remem-
bered the six Cinnamon that were inn
ported by Webb and Hathaway. AT
that time he mad informed Hoey of
the fact and did not think that he had
anything to do with IL.
After the reading of the deposition.
J, A. McEnery was called to the stand
by the prosecution. Tne witness had in
his possession copy of the civil sery-
ice regulations showing that collect
or of customs did not have power to
discharge lineriders. The court did not /
allow it to be introduced as evidence.
Mr.. McEnery stated that he found no
papers in the custom house when he
took charge ordering the discharge of
Geo w. Webb and G. l.. Hathaway.
The government then called T. !.
Roush To the stand. tie told of con
Hcrsation he had with VIM NJ Hocy.
about April -> IN winch lory had told
him how Webb had accused him Of
smuggling Cinnamon Ron4h told hum
a )hat time tHat h" had heard this
rUmor an over town aud that iIoey was