Bisbee daily review., 1913-12-12
BAR ENDORSES
 COURTS RULING
Lawyers Praise Manner in
 Which Judge Sawtelle Con ducted Conspiracy Cases Which Ended in Acquitals

interest In the so-called eanspira,v cases disposed of in the Faaeral court in Phoenix eentered yesterday oh the opinion delivered by Judge sawteiie and in compliance win "hich the jury acquitted the defend. ants Attorneys in Bisbee and men,- oers of the bar throughout the state spoke in the highest praise of the manner in which Judge SawteIle con. oueted the case, and of the high aoliity Of counsel for the defense in presenting the issues involved The heVlew Is enabled 10 publish in fnn Judge sawtelle's opinion, as follows.
 In my opinion, the testimony in tnis case is sufficient to establish the existence Of conspiracy between Perez and DeNegri two of the da- fendants in this case who are moi m trial. and who plead guilty tn ,hs charge contained in the indict-nen, and a committal bv them in further snce thereof of the overt act charged
 nut 1t is not sufficient to prove thpt Douslas Hardware company. w P Fisher, Phe'ps-Dodge Mercan,iio company, ". II. Brophv and F F Coles, or either or any of them. wero members of such conspiracy or haa knowledge thereof.
 Evidence both direct and cirrrn,
 stsntial has been received in this case but in my opinion. it fails to show or prove that said defendants now on trial. or either of them. 'r, any manner. positively or tacitlv. came to a mutual agreement ar nn. derstanding to accomplish a common and unlawful purpose or design-tha' the defendants on trial or either csI them. combined with Perez and no Negri to accomplish by their urita' action the crime or unlawful ac' charged in the indictment. 10 wit tc shin munitions of war into Mevicn ir violation Of the ioint resolution N' congress and this not having hoer proven. the defendants cannot law fully be convicted.
 ''The evidence does slow that salee of ammunition were made to Peray and DeNegri. that the same was 6e liyered to Perez and by him shiBreS to Mexico, in violation of law: 5T' these acts. in and Of themselves. ana without proof of a conspiracy he tween said defendants and Perez ana DeNegro or one of them. or proof Of a conspiracy between Perez and De Negri to ship the said munitions of war to Mexico Of which the defend ants had knowledge. would not be sufficient to convict the said defend and of the crime charged in this in- dictment.
 The evidence at most merely rais- es a suspicion that the defendants might have had knowledge that the munitions of war which they sold Perez and DeNegri were to be shipped into Mexico in violation of law. and the supreme court of the United States, as well as the courts of last resort of the various states. have held that people cannot be con vieted upon mere suspicion.
 Viewing all of the facts and cir cumstances together. and without taking the time to review or state them, 1t seems to me that any sus- picion which may have been raised by the testimony in this case against these defendants is too vague and un- certain to be given consideration by e jury as the basis of a conviction of defendants in a case like the one at bar
 'T am convinced that at and prior to the time of the commission of the alleged offense. to wit, about May. 1913, large quantities of am intuition were sold by people resid- ing in Arizona to the contending fac tions in Mexico. No doubt. many of these sales were in violation of law. Prompt action of the United States attorney and his assistants and the United States marshal aHd his depu- ties, has, in my opinion had a spien- did effect. and has in large meas ure stopped the unlawful exportation of said munitions Of war into Mex leo; and they are to be commended for their acts in the premises.
 This case has occupied the atteH- ton of the court for the past ten