The Tucson citizen., 1902-04-15


the dispositions. The judge replying
stated that the testimony OF The wit
ness was not affected by the deposi-
tions being introduced in this way md
that he presumed that the defense was
acting In good faith and that tn1y
would introduce proof to this effect
later.
in this way also the deposition of
Charles Hood was introduced, Appli.
cation was made to take this depnsi-
tion in Nogales Sonora, last Saturday
II was taken in Nogales, Arizona. and
forwarded to tucson. Whether it Is
valid, is "A question for the court TO
decide
After the direct and cross eXamira-
ton of Webb had been competed II,
&c. Dickey was placed on the stand, He
told OF his meeting wifi webb and sub
stantiated the testimony of Webb as to
the interview when Dickey was PRES
ent in closet After Diclley had told
his story, Judge Barnes proceed to
the cross examination of the witness
and endeavored to show by the ans
wer of the witness that he had violated
his oath to support the constitution or
the United States when he advised
Webb to engage in the Chinese bust
ness with Hoey and that he himself
was as guilty as Hoey in aiding and
abetting the Cinnamon to enter the
United States. Judge Barnes could not
faze Dickey on the stand. The latter
maintained that even in the closet in
terview he had been acting in good
faith with Hoey for II Hoey had been
innocent 1t would have developed then
and the investigation would have been
dropped He said that he had advised
Webb to get in in the deal with Hoey
and not propose deal with him. At
this point through questions to Mr..
| Dickey, Judge Barnes introduced the
dispositions OF Frank How and Yee Kim
; the latter the Clifton Chinaman, who
/ was also In the deal.
There being but a few minutes left,
/ T. J. Roush. a short witness for the
government was placed on the stand.
/ He stated that he had been special
custom inspector at Nogales while
! HOey was collector and that he had
often seen the latter visit the house OF
Frank How in NoEaes, Sonora. Tn
der cross examination. he stated that
he himself had visited this same
house several times,
After taking the testimony Of Mr..
Roush. the court adjourned for the
noon hour MIR Capo. of the jury asked
the Judge If the jury could confer with
the counsel for both sides and ask them
why the jury was so detained but the
Judge held that this was an improper
request and the jury was committed
to the custody of the hailiIf,
When the court met after the noon
recess. the government called j. A.
MrEnery to the stand. Mr. McEnery is
special treasury agent at El Paso. He
stated that he arrived in Nogales,
August - and on instructions by teie-
graph from the Secretary of the Trea-
sury, he took charge of the custom
house at Nogales. A letter taken from
Hoey's desk after McEnery took
charge was identified and instrduced
as evidence. Hoey objected TO having
McEnery read the letter. saying tnat
it was private. but McEnery told him
that he had instruction to take charge
OF everything in the office as ii was a
public one. After q short cross exam
ination which developed nothing new,
Mr.. McEnery was excused and Mr.. Me
Lemore read the letter to the jury.
was the letter which Webb wrote at
Tombstone to Hoey nquiring If the six
Cinnamon arrested at Tucson by In
Spector Jossey. were the six which had
been smuggled by Frank How. Webb
in the letter asked Hoey TO remit
Webb's share of the money paid for
these Cinnamon and it was in response
to this letter that Hoey sent Webb a
check for $50
julius Parish. the janitor Of the No
gales custom house was then calleu
and he stated that on several occasions
he had been sent by Hoey TO frank
lIOw's house in Nogales. Sonora, to ASH
How TO come and see Hoey at the GUS
tom house. Parish was not cross ex-
amined
Robert Hannah, customs inspector
at Nogales, was then called TO the
stand by the government. When l1oey
was collector of customs, Hannah was
stationed near the custom house. about
sixty feet from the line. He had often
seen Hoey go to Frank How's house
and in May had seen him enter the
house and remain there for some time.
/ Under cross examination. he stated
that he had often seen Hoey visit
| Johnny Johns place across the line.
! The government here rested its case
and Colonel Martin for the defense
asked that the jury be instructed to ac-
quit on the ground that venue had
not laid. In answer to this. Mr.. Nc
LemOrc rehearSed the evidence of
George Webb To show that this was not
the case. Colonel Martin sprung his
motion az coup" but it did not seem
to atarir the court Judge BIenman
stared 10 the court that the defense
had not proven that Nogalcs, Ari2..
Wa. i'm Santa cruz County and that
this county Was in tho first judicial
district Of Arizona, as alleged in the
indictment and therefore venue had
not hoon lajd Nr. McLenore answered
lhls hy aylu@ that this proof was not
necessary Judge Barnes addressed the
rpatr ing that the prosecution had
not shown that hoey bad committed
y single act in Arizona except what
uauaprcd in the room where Dlckcy
was conccaled. which had nothing 10