Arizona republican., 1916-04-08
ZIMMERMAN D|D
 NUT THREATEN
 TO SUE HARRIS
Counsel for Capt. Gulley in Recent Trial Says He Never Made Statements Attributed to Him Yes terdav

q deny most emphatcally that I ever told a reporter for the evening paper that l will sue Colonel Harris for libel and slander," said F. Louis Zim- merman, lieutenant in the National Guard, and prominent local attorney, when his attention was called last evening to an article in the Gazette stating that he was going to sue Harris.
 Tt is true that I have handed in my resignation to Colonel Harris. I pre- pared that the day after Harris made the slurring statements about me at the Gulley trial. l had it approved by Captain Holzworth and Major Grin stead; I don't know whether or not Colonel Tuthill will approve it, but it has been sent to him, l understand
 Why did you resign" he was then asked
 The reason for my resignation is that Colonel Harris as an officer of the Arizona National Guard has re- flected upon my reputation and honor as well as on a practicinS attorney be- fore the courts of this state. I consider ' of knowledge of law and military law, and that Adjutant General Harris has done me great wrong, and out of military courtesy to him, as an officer, 1 resigned.
 As l do not think l would be dis playing the proper courtesy to him as an officer of the guard, by seeking re- dress through military channels, l will not do so. As a private citizen and taxpayer l stand for an efficient na- tional guard and will always support a guard. But taking this stand in sup 1 port of the guard, l feel that I am en- titled to such treatment from Harris toward me as a private citizen, as is proper and courteous.
 "ln allowing me to defend Captain Gulley before a court martial it is my private opinion that the adjutant gen. eral has exceeded his authority in questioning my ability and sufficient : knowledge of military law. as a lawyer and reflect on my reputation as an at torney in good standing.
 As a further reason the testimony of Second Lieutenant Smith and Cap tain Gulley before the recent court martial will speak for itself
 Second Lieutenant Smith, of whom Zimmerman speaks in his statement, is third in command of Zimmerman's company. Smiths testimony on the stand was in reference to listening to Gulley'S conversation the night of the 24th, when Gulley is alleged to have made incendiary statements regarding
 
 phoning it all to Colonel Harris Al though the court did not censure Smith personally for his action, Capt Brown. one of the members of the court, stated that this confounded tale bearing is al the bottom and root of all the trouble in the guard
 Lieutenant Zimmerman and Captain Holzworth organized Company F, com posed entirely of Indians. The Indians all stand behind Zimmerman in the present controversy, he being general favorite with them. Smith was elected to the vacancy of second lieutenant a short while ago at the instance of Cap tain Holzworth and the adiutant gen era
 The statement which Colonel Harris made to the court when GulleY asked that Zimmerman be appointed his counsel is as follows:
 "A. G. o. PHOENIX. ARIZ., April 5. 1916, to Capt Clarence V. Gulley, Unassigned:
 T. Although the action of Leuten- ant Zimmerman in attempting to ap- pear without authority is unmilitary and indicates a lack of Knowledge of military law and usages his appear ance as counsel for the defense will be allowed by the converting authority. without cost to the state. "2. If the services of Lieutenant Zimmerman are satisfactory to the court it is presumed that they over look this breach of military etiquette as the converting authority does Should the defendant require the need of a properly appointed counsel it will be appointed
 By order of the Governor "CHAS. w. HARRIS, 'The Adjutant General" Zimmerman remarked yesterday that he was in great doubt as to whether the governor authorized the above The record of the recent court martial