Arizona republican., 1913-12-03


 Reese M. Ling, for the defense had been overruled.
 Following the admission of the note, { the government managed to blow through a mass of objections and get
 the facts before the jury concerning the subsequent conversation between the conspirators confessed and those | accused De Negri stated that after having gotten penciled quotations on
 the price of cartridges. he bargained
 with Coles and the stranger on can
 non.
 Order of Evidence. At 3:45 the jury had been selected
 and was seated in the box U. &
 Attorney Morrison read the indictment
 and the clerk sWore in the jury, Joe Porterie as interpreter and the bail
 ifs. The charge as read contained two 1 counts, one charging the conspiracy in 1 connection with the sale of 50,0O0
 rounds of ammunition to De Negri, and
 the other with the sale of 40, 900 more
 at the Bisbee store and the transporta- ton of the 90.00O from Bisbee to l Bakersfield
 Ramon P. De Negri, the first witness for the government is a stout, pleas
 ant looking Mexican of the better class. ] He is extremely intelligent quick wit ted and in all rather impressive of sol idity. He was dressed immacuIateIv and after the present conservative mode. Before he could utter a word Ling entered a formal objection to the introduction of his testimony against the defendants as the entire action was i based on the congressional resolution, which was poWerless. Congress acted with no authority; there is no fnterna- tional law that recognizes a govern
 ment in Mexico" The objection was overruled and the defense took excep- tion
 De Negri said:
 T am a citizen of Mexico. a finan- cial agent of the constitutionaIist gov ernment of Senor Carranza" When the prosecution attempted to quiz De Negri on his conversation with w. F. Fisher at the Douglas hardware company's store on May 15, 1913. the defense interposed the objection which precipitated a debate and the jury was excused. Ling wanted the testimony introduced in order showing the con spiracy and then the speech concern ing it.
 On Morrison's claim that the order ODJeCtIOn overruled, but it later held in slightly different form. De Negri then told how ! Fisher had sold him the ammunition at about $41 3 thousand. paying $2.O5O in United States bills and gold coin.
 He said it was the governments coin. meaning it was from the Carranza , treasury
 T left the cartridges at the Douglas tn hn ;1 witness
 Morrison-"Then what conversation did you have the same day with J. l.. Perez?"
 Ling-''Your honor. I object The effect of this testimony. whether coun- sel shows it's relevancy or not. goes to the jury, and no matter what the instruction of the court may be, the substance of the testimony gets before the jury"
 Morrison-"We expect to establish the conspiracy. We desire to show conversations among the consprators and then make plain the confederation. 1 We should be allowed to introduce the case in it's chronological order" Judge Sawtelle excused the jury and permitted Morrison to speak on his intentions The case in it's entirety was thereupon outlined by the proscu- ton:
 De Negri bought the 10000 rounds from the Douglas store With Perez he went to Bisbee and arranged for
 50. 900 more. The first shipment was then sent to Bisbee and the entire amount loaded on wagons and taken to Bakersfield T shall enter all the proof on both counts at once," said Nor risOn.
 It seemed the case would here be hung up on the rock of objections, but after blowing through the mass of the defense's Instructions, the testimony was resumed Ling continued to ob- ject however, on the ground that it is not proper to introduce conversa- tions alleged to be between the two confessed conspirators and hope to base thereon the fabric of the case Morrison allowed he was going to show pertinent talk because it occurred prior to the continuation of the conspiracy. Judge SaWtelle asked if it could be shown there existed a conspiracy be- fore the conversation and if the con- versation of De Negri and Perez could be connected with the defendants and Morrison said that was what he was trying to do.
 With the jury once more in the box. Morrison asked if De Negri knew Perez, and on the answer got into the rec ord the fact that Perez was constitu- tionalist consul at Naco.
 What were the arms to be used for?" he asked
 Para los soldados de Carranza usar contra los soldados traidores," was De Negri's answer. Objections came thick and fast, but Morrison got in the fact the arms were destined for the state of Sonora Mexico. The defense here objected on the ground that was not alleged in the indictment De Negri then admitted that Sonora was in a state of rebellion against Huerta and that Carranza was the "jefe de las constitutionalistas," and not pro-