Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1907-09-19
THE LELEV|ER
TRIAL BEGUN
A Motion to Dismiss vii
Be Offered Today
The First Days Proceed
ings Consisted Mostly of
Warm Legal Clashes.

The trial of the cases of the Lele-
viers. father and son, wanted in Mex
leo on a charge of larceny, was begun
Yesterday morning before United
States Court Commissioner tombstone
The day was consumed mostly with
legal discussion between United States
Attorney Alexander for the govern
ment and Attorney George p. Billiard
for the defense. Early in the after
noon. Billiard gave notice that he
would move for the dismissal of the
charges and an adjournment was
taken until this morning when the
motion will be offered.
In the beginning the cases against
the father and son were segregated.
and that against the son, Yves G.
Lelevier. was taken up. Objection was
raised by Mr.. Billiard to the proceed
ings on the ground that the papers
sent from Mexico were not accompa-
nieh by an authenticated copy of the
warrant issued in Mexico. That mat
ter was not ruled upon by the COM
missioner. who said he would dispose
of il after the case had been fully
heard.
MT bulidTu also ODJtCitu u
reading of the copies of the proceed
ings which had been had in the Mex
lean federal court, on the ground that
the authenticity of all of them had
not been attested by the United States
ambassador to Mexico as the laws re-
quire. Some of them had been so at
tested and ii was the theory of the
United States attorney that that at
testaion should stand for all the 9TH
ers since the papers were signed by
the same judge. The commissioner
indicated that he was inclined to the
view of Mr.. Billiard.
The latter said that he would offer
a motion to dismuss on the ground
that the evidence not being duly au-
thenticated was insufficient TO show
that a crime had been committed and
he cited the decision of the supreme
court in the case OF c. Ramirez last
spring.
United States attorney denied Mr..
Billiards. construction of that decis-
ion, which he said, was not based on
the irregularity of the evidence in
the case of Ramirez. but he said, in
that case there was no evidence before
the court to show that Ramirez had
committed forgery as charged.
Mr. Billiard in the course of one of
his arguments. stated that the Mex
lean government was trying to pro-
cure the extradition of his clients for
4 political crime. Mr.. Alexander re-
piled that larceny was Not a political
crime. That Mr.. Billiard admitted,
but he said that if his client were
sent back on the crime with which
he is charged he would be stood up
against q wall and shot as a revOlu
zionist. He said that that was the
summary practice in Mexico.
Mr.. Alexander retorted that only
last Monday night Mr.. Billiard on the
platform at the city hall plaza. on the
occasion of the celebration of Mexican
independence. shouted himself hoarse
in proclaiming what a great and
noble country Mexico was.
Mr. Billiard replied that this good
opinion of Mexico as a nation had suf
fered no abatement, but that his en-
cCmiums last Monday night We're not
meant to apply to the understrappers
OF the state of Sonora who discharged
their official functions in the high
handed manner of which he complain
ed
SandWiched in between the argu-
ments there was some evidence on the
part of the Mexican government, most
of it Of a documentary character Civ
ing a history of the proceedings which
had been had in Sonora.
II was shown that about September
IL 1905, one Arturo C. de Cubillas had
sent in a registered letter addressed
to Montgomery Ward & Co, Chicago,
bank draft issued by a bank in Can
anea for $40 and that on September
81 of the same year Julian Lopez San
chez had sent to the same firm a
draft for S1O.50. Neither of these
drafts directly reached the Chicago
firm. but they subsequently were re-
ceived by that firm from the Leleviers
in payment for goods in an accom-
panying order. Among the evidence
was some correspondence with Mont
gomery Ward & Co. on the subject,
describing the receipt of the drafts
and saying that the, firm had had
complaint once befor4 from a custom
er in Cananea of a remittance which
had miscarried.
Among the oral witnesses was NJ. /.
McKelligon, cashier of the Cananea
WIN lcSNhltu Tire -
suance of the drafts and Miss Con-
suelo Garlic, postmistress at Naco,
where the Leleviers lived. She said
that Yves G. Lelevier had been en-
ployed about the postoffice as a mes
senger.
If the motion of the defense should
be denied this morning the taking of
testimony on the part of the Leleviers
-,-il H..