Arizona republican., 1919-09-16
WOULD DISMISS
 ACTION AGAINST
 HARRY WHEELER
Prosecutor French Surprises Defense With Offer To Drop Case Of Former Cochise Sheriff-Captain Bound Over To Superior Court On Own Request.
Republican A. p. Leased Wire1

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 DOUGLAS, Ariz., Sept. 15.-Harry .. Wheeler, sheriff of Cochise county at the time of the deportations that followed the l. W. w. trouble in Bis bee in July, 1917, was this afternoon, upon his own request bound over for trial before the superior court on a charge of Kidnapping filed against him two months ago as the result of his part in the deportations. During the war Wheeler served as captain in the aviation section overseas. Develop ments at the opening of the hearing of Wheeler this afternoon were rapid. Before any witnesses had been sworn. counsel for Wheeler waived prelimi- nary hearing and requested that Wheeler be bound over to the superior court.
 County Attorney Robert N. French, who is conducting the prosecution in the deportation cases, arose and an- nounced that he had intended to re- quest the court to dismiss the charge against the former sheriff. Testimony in previous hearings, he said, had failed to indicate that Wheeler had any connection with the deportations.
 We do not want the charge dis InAECEus TtNlltu W HttlCT dllOTTlNN . I've concede that Harry Wheeler was present in the Warren district during the deportations and was doing his duty as sheriff at that time. It is MT Wheeler's own request that he be bound over to the superior court for trial, and we insist that a jury decide whether the charge is unfounded or true"
 The county attorney offered no fur ther objections and the case went over.
 Although he had stated that there was no evidence to show Sheriff Wheeler's connection with the deporta- . tions, the county attorneys first wit ness in the case that followed, that of County Commissioner John !. Bowen, testified that Bowen had stopped him in Bisbee on July 12, 1917, and turned him oyer to Sheriff Wheeler who, the witness testified, took him by the arm, placed him in a line of men who were being deported and refused to release him until several hours later. Bowen was also bound over for trial after but two witnesses for the state had been examined The testimony of the sec ond witness was to the effect that he had seen Bowen marching at the rear bi d group VI HIGH OU iIt udN of the deportations.
 Five other defendants. John Picker ing. Ed Dickinson, Ike Stafford. Tom Maddern and W. c. Higgins, all War ren district miners. were bound over this afternoon. Their hearings were held jointly, and they waived further examination after but one witness for the state had been examined.
 Tt,n L . he had intended te dismiss the case against Wheeler came as a surprise Wheeler has repeatedly taken all re- sponsibility for the deportations, which he conducted personally after having sworn in 1900 Bisbee and LOGO Douglas citizens as deputies the night before the day of the deportations On the morning of July 12 1917, Wheeler is- sued a proclamation from the sheriffs office, which was followed by the de- portations. The proclamation closed with the following:
 T therefore call upon all Iowa Americans 10 aid me in peaceably ar. resting these disturbers of our nationa and local peace. Let no shot be fired throughout this day unless in neces. sary self-defense, and I hereby give warning that each and every leader o the so -called strikers will be held per. sonally responsible for any injury in. flicted upon any of my deputies whil, in the performance of their duties A, deputies in my posse, for whose acts in turn, assume full responsibility as sheriff of this county"