Arizona republican., 1913-10-30
SCORE ONE FOR
 THE DEFENDANT
All Indictments Charging Direct Violation of Arms Law Must Be Redrawn- Demurrers Sustained in U. $. Court

! Just exactly what constitutes an i offense against the neutrality regu- i lations of the United States will probably be shown definitely when the legal battle over the arms ship ] pers that started in federal court 1 yesterday is over. For the court sus- i tained demurrers to every direct charge of exporting arms, and the United States attorney was forced to asked for orders resubmftting his eases to the present grand jury It was a distinct victory for the de- fendants, in that it delayed the lease, weakened it, and may have dealt it blow that will result fla tally. Still, if the government can show new evidence before the grand
 jury new true bills will be issued and the cases will be fought out on these later counts. At any rate, the
 court has shown the cases in clearer
 light and now the line ups are all
 the more definite
 Intention to ship arms into Mex
 leo cannot be the basis of a felony charge. according to the courts rul- ing. The indictments charging the actual shipment of arms had to be | drawn covering rifles and cartridges consigned between Texas and Arizona
  the arms went any farther than the particular Arizona point Whatever the final destination of the arms might have been does not concern the government or aid in making a serious charge of violation of the law.
 It was fully as snappy a session as had been predicted. Some of the 1 best lawyers in the state lined up l before the court to plead in one or | more of the cases. The argument 1 began at 9:3O and lasted till nearly { o'clock without intermission. Frank Doane started it with the pre- sentatiOn of demurrers in the cases of the Douglas Hardware company 1 He was followed by Attorney General Bullard for the Steinfelds of Tucson Judge E. w. Lewis, John Mason Ross, Leslie T. Hardy, D. A. Richardson, Reese M. Ling and others.
 The material allegation in. each of the indictments charging exporting munitions of war is one of inten- tion. and was so argued by District Morrison. He declared that the real purpose of the regulation was to stop the shipment of arms. and he cited frequently the case of one Chavez. who had carried arms from one street in Fl Paso to an other on his way to deliver them into Mexico. The intent was proven ! and the case taken to the supreme court thereon ,
 If a man ships arms to another , knowing he is going to sell them I across the border or to one who will , transport them across the border, he T s liable according to the governments T ,t,; ,a1 | yy Bullard, who said that the act and , not the purpose must be the base for he accusation of violation of the f neutrality laws.
 The materials have been proven by , he government to be thirty thirty and Hauser 7mm, both military types of rms. Morrison maintained that this . act proved the intention-the gov case. Of course the de- U ense made a strong stand against I his statement.
 The court interrOgated the attOr- " leys, and there were speeches thick " nd fast One of the shortest. but : nost forceful was that of John Ma on Ross. who said in part: Under . his construction you may prosecute of people who are shipping 2 materials to Mexico on permission rom the president. The customs of icers keep a line across the border or other purpose than to i'm arcept these shipments and care for hem until the order for their release as been found"
 When the court took recess at v bout o'clock. two things had heen \ sta blished: That the size and char cter of the shipments proved their but that the court will ot recognize intention as basis pr prosecution.
 Demurrers to five conspiracy indict- rents were overruled These cases Iay now proceed to arraignment. Tn le others. however. it will be nec- l. ssary for the grand jury to examine F: ito the facts once more. In con- |: ection with this there was a little E It between Lewis and the court E# ounsel asked that the defense be E# Ven a chance to examine the quali- E: cations of and to produce witnesses E# afOre the grand jury in support of I# S cases, and asked further that the E# ny be instructed to take cognizance h the testimony of the latter. His " onor consented to let the defense IT canine the jury, but refused to ake any such instruction.
 Beginning with the case of Ribera, Se @ court sustained demurrers to the flowing indictments: Isidore Hit C ", w. F. Schwamm, l.. D. McCart Y ey, M. M Trickey, Albert Steinfeld re Id the Steinfeld company and Man +o eI EscoladO, though in the latter e se there has been no plea nor any T ,murrer presented. The same or " 1T is entered. however. e Attorney orrison entered his exception to each LS ling contrary to the desires of the DO ,vernment and the defendants so wC arlxed the decisions against them tn Ives. an
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 DADS PRIDE. of
 25 Did VOur son graduate with hon.