Arizona republican., 1913-12-07
ARMS CASE U GO WELL INTO
 COMING WEEK
Short Session Yesterday Caused by Wranglc Be tween Attorneys Over Same Question of Admis- sibility of Evidence

Unless the national board of censor ship froWns on it, the neutrality film, now being run in federal court will continue well into next week. After only a few minutes of evidence taking yesterday morning, the attorneys broke up in debate which ended yesterdays session after couple of hours. Court adjourned at three o'clock after having heard but three witnesses. There are people who believe the trial will be ex- tended clear through next week, be- cause the government has not com pleted it's case by at least a days ses- sion and the defense is sure to want
 considerable time in which to present 1 it's case. And in case like this one,
 with such tremendous opportunities for 1 eloquence. the arguments will not only 1 be heated but lengthy.
 i The case ran ahead on into stone wall, erected hastily but firmly by the | defense yesterday and after an hour 1 of trying to butt through, the prescott 1 ton rested in it's labors and prepared ! to climb over or go around. It was the I question of the introduction of evidence l that the big mercantile companies in ! dicted in this case have been storing l immense quantities of cartridges and 1 ordering still more since the outbreak
 of hostilities in Mexico. ostensibIy for
 the purpose of supplying the newly de- veIoped trade" United States Attor- ney Morrison wanted to show that the
 companies were ordering by wire large 1 quantities of ammunition to be deliv-
 cred to the Arizona stores by express | This was announced to the court while 1 the jury was absent. Judge SaWteHe reserving a ruling on this point said:
 The mere proof of the sale of cart ridges will not be allowed to go to the jury as proof of similar offenses. The 1 prosecution may prove that the Doug 1 las Hardware company did sell cart ridges and that the quantities Were | large. Attorney Ross objected to the
 latter part of the order on the usual grounds.
 It was developed on cross cXamina- 1 ton of Lieutenant Colonel McComb that part of the ammunition left in the charge of United States troops at Naco after its confiscation had taken to itself wings and flown away. About two thousand rounds were missing Nc l Comb also testified tO the fact that there was no troop of cavelry stationed @I OF near OSBoIn, on the night the cartridges were sent south. This was
 introduced to prove that the conspira- tors. whoever they might be- We're fa-
 miliar with conditions along the border patrol and were not taking any chances of having their stuff seized. It was also
 attempted to show that by this fact
 that the defendants had a certain gull " knowledge of the situation
 This guilty Knowledge" is going to
 be the hardest thing for the govern
 ment to establish. it seems. and on the
 establishment rests the success of the
 prosecution Although the defense has
 not admitted selling the arms. the en-
 tire force of it's objections. motions and
 arguments has been to differenefate
 clearly between sale of arms and con 1 spiracy to export the same. with es- pecial reference 10 the inculpabiIitv of
 one who merely delivers the asked for
 amount of ammunition for a stated price
 According to the words of the court
 on more occasion than one. it will not
 be possible to convict these defendants by inference. The mere suspicion of a
 knoWledg@ of the conspiracy will not . even in connection with absolute proof
 that the cartridges were sold by the