Arizona republican., 1919-07-12
HEARINGS
 IF DEFENDANTS
 IN B|SbEE CASES
Preliminaries Go Over Until Monday = Witnesses for Prosecution Fail to Arrive One Shows Up-Expect Defendants on Kidnapping g Charge to Make Hard Fight

DOUGLAS. July 11.-Because of the absence of material witnesses for the state, the preliminary hearings of eight Bisbee men on the charge of Kidnapping in connection with the Bisbee deporta- tions of July 12. 1917, scheduled for today were continued until Monday on motion of Robert N. French, attorney for Cochise county. The Bisbee men, ready for trial today, were John Bowen, James Henderson, Sam FraVI- enburg, Charles Bear, James Nichols, Michael J. Cunningham, Frank Salmon and Allie w. Howe. The defendants named were present in Judge ". C. Jacks court with their attorneys, hay ing come here early in the day.
 But one witness for the prosecution was present. This was Fred w. Brown. reputed during the strike period in Bisbee to be leader in the agitation which resulted in drawing out a large part of the mining forces of the War ren district. In his statement to tho court, Attorney French said he intend ed to have a number of other witnesses present Monday, some of them to be brought from Globe, Miami and other places in the state.
 Delay Arrest of War Veteran
 AgI cement was reached formally that in the case of Harry c. Wheeler, sheriff of Cochise county at the time of the alleged deportation and ac- knowledged leader in the movement upon which the Kidnapping charges are based. that no effort to arrest him should be made until Captain Wheeler shall have returned to Arizona from New Jersey. He has been named to represent Arizona in the national and int. .a,.r,saf nl rif -I N. J., in September
 4 recess of two hours was taken by the court during which period MT. French and George M. Roark, deputy county attorney, conferred upon the subject of which cases should be brought up for hearing first Upon re- converting of court, the county attorney announced that he had decided first to take up the case of Harry Walters. Tuesday will be devoted to the hear ing of H. E. Wooten, Bisbee merchant, against whom charges have been filed on two counts. The remainder of the week will be occupied with the hearing of the following men:
 Set Hearing Dates
 Wednesday: Fred Sandtner, James Boyd and Phil Tovrea.
 Thursday: Sam Frankenberg. Cass Benton, Arthur Houle. J. C. Ryan. l.. L. Gilman, Bert Polly. Bassett Wat kins, William White. Harry Anderson. J. P. Hudson, H. BeRton, J. D. Walters and Walter Scott.
 Friday: B. Williams. Biddy Doyle. Ned White. Oscar Wagner, A. Maya rette, Jesse Holland, Allie W. Howe. George Scott and F. Salmon.
 It is not anticipated by Judge Jacks that he will be able to handle more than one case a day, but it is his hope that he will be able to complete at least one, he said.
 Defendants Will Fight Hard
 One additional arrest was made here during the day, that of L. L. Gillman. a Jeweler, having stores both here and in Bisbee. Defendant was arraigned and his bond fixed at $2,0O0, which he furnished.
 There is every evidence that defend- ants intend to make bitter legal fight in the lower court Among attorneys present in the courtroom today for the defense were W. G. Gilmore of Tomb stone, w H. Burgess of Fl Paso. Texas. and Frank E. Curley of Tucson.
 The county attoriey with his assis; ant, and Fred W. Brown. the prosecut- ing witness, were engaged tonight in checking up the cases and listing their witnesses in the cases. It was, not konWn just how many witnesses would be brought here in the cases.
 Attorneys in Deadlock l BISBEE, Ariz., July 1.-The first of preliminary hearings in the Bisbee | deportation cases were heard today in Judge W. c. Jacks court at Douglas. | All eight defendants were present ar o'clock at the opening of court Judge Jacks ruled that it was impos- sible to proceed further until some agreement was reached and the deati- | lock broken that existed between the county attorney, French, and the de- fendants' attorneys concerning orderly arrangement of the cases for trial. Court adjourned until a compromiss was reached at 3:30 o'clock. J. 0. Walters, defendant, arrested on com plaint sworn to by I. P. Chase. who was recently pardoned by former Gov ernor Hunt from the Arizona state penitentiary, is the complaining wit ness in the first case, which is set for 10 o'clock Monday morning. In the re- maining seven defendants cases no action was taken and the cases were postponed.
 Attorneys for the defense are an thority for the statement that all eli ents will demand preliminary hearing.
 Months will be required to finish pre- liminary hearing" said Judge Jacks. It probably will require two days for each case"
 County Attorney French said today:
 I, personally, will handle these cases from start to finish. Assistant County Attorneys Roark and McKelligan will