Weekly journal-miner., 1916-08-02
DEFENSE SCORES IN CASE OF
 BOB BIRCH
(From Wednesdays Daily.)


 "spotter" employed by the sheriff yesterday, when Young was on tho witness stand in the retrial of Bot Birch, charged with violation of the prohibition amendment, in the Su- perior court.
 During the croSs-cNamination yes terday of w. w. Terry, another "spotter," the latter said, on the wit ness stand, that he didn't know whcth- CT to tell the truth or not about the incident in which it is alleged that Bob Birch accused him of bootleg ging and ordered him from the Birch place. After being assured by the judge that his rights allowed him to answer in any manner which he chose, he declared such a convcrsa- ton had never taken place. When $. F. Terry was recalled to the stand yesterday afternoon, his evidence was more indefinite than at other times and he admitted being un- der the influence of liquor on the night of April 3.
 Charles J. Cooper a Thiel Dctcc- tive agency man, gave very little ma terial evidence on the charge prefer red against Birch. He said that the Thiel agency had sent several men here who failed to get" any evidence.
 w. Frank Davis was also put on the stand by the prosecution. He ad- mitted having told a man named Clarence Bell that, since Birch hadn't done anything for him, he wouldn't do anything for Birch in his testi- mony. When asked in cross-cxamin- ation where he was now staying, he replied, that he was stopping at the county jail on account of sentence for bootlcgging.
 The cross-examination of w. w. Terry by Attorney Morrison follows:
 Q. Now, keeping in mind the 23rd of April, when vou say you left Birch Bros. the afternoon before. that would be the afternoon of the 22nd of April, 1916, isn't this a fact that Bob Birch went upstairs, found two or three men standing in front of your door way, you being in the room, or in the doorway. and that Bob Birch said to you on that occasion: "I believe that you are bootlegging, that you arc selling whiskey up here. I won't al low anything of this kind, and you get out of this house"
 Objection, argument by both sides, in the course of which NIT. Morrison added to the question:;
 Q. I want 10 ask you this was also made in the presence of a man named Bennett, who is stage driver, an auto stage driver between Prescott, Humboldt and Mayer. l add that to my question.
 Objection, further argument, ob- jection over-ruled).
 A. I never seen nothing like that take place
 O. Do you say that Bob Birch did not say to you on the afternoon oi the 22nd of April that 1 stated in my previous question?
 A. Well, I heard evidence in the other trial and I don't know whether to tell the truth this time or not.
 Q. It depends upon circumstances when you tell the truth, that is what you want that jury to understand?
 A. (No responsc).
 Mir Morrison: I am entitled to ar answer.
 A. Well, when you prove it by so many witnesses that that did occur. it makes man almost afraid to tell the truth on the stand. l know it, if nobody else does.
 Mr. Morrison: Is this argument is this witness to argue this case to the jury? l move all that stuff be stricken out of the record.
 The Court: Yes, l suppose so. l. is stricken out and the jury Is in str uctcd to disregard it.
 Nr. Morrison: Now answer the question.
 4. Well, I remember what l said about it, and I remember whether it happened or not, but these fellows all come up and swear it did happen.
 Mir. Morrison: That Is not the way to have this record made mp, by this man commenting on other wit ncsscs. l move it De stricken.
 The Court: Ali right, it IS stricken out and the jury is instructed 10 dis regard it.
 Few moments of silcnce).
 Q. Have you answered my ques- ton?
 4. Well, if have to answer yes or no, I will tell it like it was, no matter what you provc-No, he did not, there was no such thing taken place at all.
 Mir. Morrison: Good. I think that is all
 Following is a transcript Of the cross-examination of Sheriff Young by Attorney Morrison:
 Q. Don't you know now that $. F. Terry. on the l7th, 18th, 10th and 20th of April was working for .Nlidg- Icy out in Williamson valley?