Arizona republican., 1913-12-02
MORRISON GIVES
 NOTICE OF APPEAL
Three Defects In Steinfeld Indictment Cause It's Dis missal; Ling Files Attack On Resolution; Cases Tried Today.

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 Unable to show the exact point in Mexico to which the arms shipped from the east to Arizona and from Fl PasO to Arizona were destined. or that the defendants in the now ceIe- brated neutrality cases actually ex- ported munitions of war; the United States was unable to make the charges stand the acid test of Judge Sawtelles scrutiny yesterday. and the demurrerS to the direct charge in dictments were all sustained. United States Attorney Morrison gave notice of appeal. The eases are dismissed the defendants discharged and bail eXonerated by order of the court, taken yesterday morning shortly be- fore noon. In case another demurrer alleging that in a joint resolution congress is powerless to define arms shipping within the United States as a crime against the law of nations-is sustained in the Phelps Dodge case, that case will come to trial this morn ing.
 Judge SawtelIe discovered what he terms, in his ruling, three fatal weaknesses in the direct charge in dictments-that the offense, if of feG1se it be, was not committed in the district of ArizOna-that mere inten- tiOn to export arms does not consti- tute a crime and that the true bills of the grand jury fail to specify the point to which the arms were or had been planned to be shipped So the charges of unlawfully exporting muni- tions of war. found against the fol- lowing, were dismissed:
 William E. Schwamm. Isadore Ilitzky, M. M. Trickey, L. D. McCart- ney. Hilario Rivera, Albert Steinfeld, Manuel Escolada, Krakauer. Fork, Move and Joachim Carillo.
 It was not meant by the court that the indictments were defective in that they were improperly drawn. The court merely differed from the United States attorneys office as to whether the facts set forth constituted the crime charged.
 Tn all these cases. the charge was based on the shipment of ammunition and guns from the east to points in Arizona.
 On the basis of intent not consti- tuting a crime, the indictments on direct charge against the Phelps Dodge company. Douglas Hardware company. Shelton Payne Arms com pany and others were also dismissed In each case the court took a test
 
 the former, it was the Steinfeld case, and in the latter, the Phelps Dodge case The indictments under the sec ond division charge the shipment of arms from Fl Paso, Texas, to points in Arizona, and between points in this state with Sonora, Mexico, as the ultimate destination. Two counts, one charging the shipment of 50,000 and the other of 90,000 rounds of : mm and 3O-3O cartridges. were found, and the court grouped them in mak- ing the ruling.
 Morrison Appeals.
 Having failed to get his direct charge cases before a jury, United States Attorney J. E. Morrison gave notice of appeal to the Ninth circuit court of appeals, after consultation with the authorities which warranted such action He had his exceptions noted to each ruling and to each part of ruling, so that in case the matter ever comes up before the appellate court he will have a basis for his fight At the afternoon session, when the notice was made, Morrison prom ised to file immediately his written appeal from the order of the court to dismiss the cases, discharge the de- fendants and exonerate the bonds. He
  each of the three points made by the court in the first ruling and a gen eral exception to that ruling.
 Ling Prepares Demurrer.
 Reese M. Ling. representing the Phelps Dodge Mercantile company argued for two hours during the af- ternoon session on a demurrer to dis miss the conspiracy charges on the ground that the senate joint resolu- tion on which the action of the grand iurv was based is not competent to define crime when international law does not recognize a penalty other than seizure of whatever may be declared contraband. Judge Saw telle will rule on this demurrer thls morning. Tn case he sustains 1t, the remainder of the cases will be forth with thrown out of court and the biggest legal fight in the west will have come to an end. But all the attorneys for the defense are prepared to remain and defend. The Phelps Dodge and allied cases will come tc trial this morning unless the unfore- seen action is taken
 Tn his argument Ling strongly at lacked the resolution of congress or neutrality. He quoted a letter from
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