Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1908-01-28
MEXICANS
ARE TO HEAR
IA TIE TODAY
ATTORNEYS FIGHT FOR THEIR
CLIENTS LIBERTY
IMPORTANT DECISION EXPECTED
THIS MORNING
Sensational Affidavit Filed by Law
yers for PrIsoners-Fear Kidnap-
ing If Men Are Taken
to Arizona

Whether the Mexicans, R. Flores
Magon, Antonio 1. Villareal and Librada
Rivira. charged with violating the neu-
trality law by organizing a revolution
airy movement against the Mexican
government in the United States, wilt
be sent to Arizona will be decided by
Judge Olin Wellborn of the United
States federal court today.
This case was passed upon by United
States Commissioner William M. Van
Dyke some time ago. Judge Wellborn
is now called upon to pass upon the
decision of the commissioner, who held
the prisoners should be removed to
Arizona for trial
This case is separate in way from
that of Manuel Sarabia, who appeared
before Commissioner Van Dyke Satur-
day and whose case will be continued
before that official Friday afternoon.
Job Hartman and A. r. Holston APP
peared for the defendants yesterday,
while United States District Attorney
scar Lawler, Deputy District Attor-
1ey Mccormick and Attorney Barker
of Gray, Barker & Bowen represented
the government. The case will be re-
sumed this morning at 1920 o'clock
counsel.
A great throng filled the court room
yesterday, all ages and conditions be-
ing present. Even blind men were
among those who listened to the legal
battle, while many women were in the
audience.
Attorney A r. Holston said at the
close of today's session:
1.-THE case in q nutshell is this: These
three prisoners if taken to Arizona we
g. -,,41I l. IrsI 70
ment admitted happened to Serrabia
there), taken to Mexico, tried on some
political charge and executed. Or, If
they are not actually kidnapped, they
will be taken over the Mexican border
on some political charge, and, as 1 said
before, this may mean their death.
whether they did conspire against
the Mexican government is not the
question. The point to be argued IN
this case is have the state authorities
of Arizona any right to- take the men
from California and place them on
trial in Arizona, where there Is every
chance of the same kidnapping tactics
being resorted to by emissaries of the
Mexican government
The case was opened by United States
District Attorney Lawler, who read
portions of testimony he deemed suffi-
cient to show probable cause for hold
ing the prisoners and ordering their re-
moval to Arizona.
Claims Lack of Evidence
Attorney Holston, for the defense,
commented on the evidence of the gov
eminent and claimed there was nc
evidence in the record of some 400
pages taken before the court to show e
conspiracy or any probable ground fol
believing the defendants guilty of con
spiracy. He argued the utmost the evil
dence showed was that the defendants
were conspiring against the Mexican
governmental all is admitted true II
the evidence-but there was no evidence
to show they had raised an armed force
in Arizona or had attempted to raise
such a force in st. Louis.
Attorney Job Hartman, for the de-
Tense, argued on the insufficiency of the
charge filed in Arizona.
The sensation of the day came when
Attorney Holston, for the defense, filed
objections and said the complaint and
prosecution were not in good faith.
Holston asserted they were instigated
by the Mexican governments agents
and by the F'urlong detective agency.
The filing of this objection brought
Attorney Lawler to his feet, who, in
an impassioned appeal to the court,
claimed these objections were reflec-
ton upon the integrity and motives of
lIl6 court III AIlZOiid,
Van Dyke and himself.
No Reflection on Officials
Attorney Holston of the defense fol-
lowed, explaining there was no reflec-
ton upon the officials here or in Ari-
IONA.
He offered to introduce the evidence
of Manuel Sarabia to show he was kid
naped from Arizona. The court ruled
that the evidence of Sarabia was not
admissible. but allowed the attorney
for the defense to read into the record
an affidavit of W. F. Zwickey.
This affidavit was to the effect that
Detective Thomas Furlong on Decem-
Der 2, 1907, during the trial of these
prisoners before Commissioned Van
Dyke had told Zwickey personally that
he (Furlong) was then and had been
for more than year employed as de-
tectiVe for the Mexican government
and that he had attempted to secure
the arrest of these defendants and
others at the instigation of the govern
ment of Mexico and it's officers; that
he was the person who had arrested the
defendants in Los Angeles in August
1907
Further the affidavit states, Detec-
tive Furlong declared he was not so
much interested in this case as in get
ting the defendants into Arizona. that
all we want is to get the defendants
Gown into Arizona, and then we win
see that they get across the line"
The defense called the courts atten-
ton to the fact that Furlong had seized
papers and arrested men without war
rant and was in the pay of the Mexi-
can government.
Two writing experts, President Isaacs
of Woodbury's Business college and
Luke D. Phillips, also of Los Angeles,
contradicted the testimony of Detec-
tives Vasquez and Samuels as to the
prisoners having written certain let
ters.