The Tucson citizen., 1902-04-16

| karnes of the San Augustine has ar
ranged two tables for their use on the
old alter in the anng room A baliff
is seated at each table with them so
that he can keep a watchful eye on
every member of the jury. By the time
breakfast was completed and the short
morning walk over. it was $3.50 o'clock
the time for the trial to be resumed.
The direct and cross examination of
VIM. NJ. Hoey yesterday afternoon was
not as sensational as some had expect
ed that it would be. When Hoey took
| the stand. he had begun to look worn
and worried and to show the strain of
the trial. l.. T. Bristol. w w. Flewel-
ling and K. X. Freeman. the witnesses
for the defense examined yesterday did
not testlfy to anyIning of great i'm
poTtance in the case, The testimony
of X. Rochine. the chief of police of
Nogales. Sonora. was excluded on the
grounds OF the defendants objections
TO the questions put to him by the at
torneys for the defendant, the only i'm
portant thing brought out at their ex-
animation was the confession of DR.
Bristol, under cross examination ny
Mr.. McLemore. that he had sent the
letter written by Hoey to Webb at
Bisbee In franked envelope. knowing
that it was private matter and, there
fore. not entitled to go free. thus violat-
ing the postal laws and subjecting him
self to fine of So, II the government
cared to prosecute the case. The story
of the bull pups presented by Hoey to
Frank How. was also brought out on
the witness stand.
The counsel for the government
sprung their greatest surprise yester-
day afternoon while Mr.. McLemOre
was cross examining the defendant
EIoey stated in answer to McTemore's
questions. that he had not been in
formed that he. Hoey. was suspicioned
until he read in the papers in Phoenix
that he had been arrested. He did not
recall having received a let
ter from Assistant United States At
torney Bennett, written at Phoenix.
about the middle of July, informing
him that he was susplcioned. having
Cinnamon into the United
States. Here the counsel for the gov
sprung the letter written by
~ /
who was compelled 10 identify ii but
claimed that il did not really warn
him that he was slispirjoucd This Is
the letter which was tho cause of Mr..
I}onnctt's uol being allowed with his
superior to prosecute the case against
Ii0HE and the reason why McLcmOrn
N7- sent out IT, prosecute the case
.IuoY claimed mat hr bad told housh
1ily in April that he. llocy. was sns-
lioioucd aud that Roush later told. Ben
nett and that this was why the let
or was addressed to llOeH. Bennett
md lIonv were the best of friends and
T. was quite natural that the former
hoUld warn his lrjcna Of the suspi-
ion that was being directed towards
lim
When the court convened this morn
ng, the trial Jury was excused until
}: 80 tomorrow morning aud the court
proceeded TO the trial of the IIocv case.
The defense called O. w Brandon to
he stand. He was a night watchman
It the custom house under Hocy and
estitied on the stand that Hoey had
old him about July l5 of last year
hat he suspicioned Webb. The cross
'xamination developed nothing new.
Judge Barnes then called MIR. MCLe-
nOre to the stand as a witness for the
defendant. He VAS asked If com
)laint had been filed against Frank
low and Yee Kim and IL SO who filed
/ Mr.. Nave. for the government OBJ
ected 10 the question and the Judge
ASHAMED the objection. There beiRg