Tombstone epitaph. (Tombstone, Ariz.) 1887-current, 1920-04-25
FRIDAY

4
Probably one OF the most import.
ant points in the Woo;ten trial since
I il started over six weeks ago, was
raised today. when the state Offered
to introduce evidence to contradict
deposition of Clarence Ingrabam.
now dead. to show that he had a diff
ferent man named Brown in mind.
when he gave his testimony that he
offered to take Brown out OF the
line of deportees in Warren in July
u. 1917 and that Brown refused.
Ingraham died in the hospital at
Bisbee shortly after the Wootten trial
started. He was to have been one
| of the defense witnesses to prove
that he Offered to take Brown from
/ line and that Brown refused to come
out saying: these are my people
and am going to stay with them
Before Ingraham died, however, at
torneys for the defense took his de.
position in the presence OF two de-
putty sheriffs. In his testimony TAX
en- up the stenographer he told of
the alleged transaction.
In rebuttal Of Ingraham's testi-
mony. whose deposition was offered
some time ago by the defense, the
state offered to prove today by H,
d. Midkiff. deputy sheriff, who said
he and Tom Foster. also a deputy
sheriff. were present when the de-
position was taken, that the deceas-
ed man had made a statement to the
effect that he thought he had the
wrong man in mind when he said
it was Brown the complaining witness
as the man he referred to was 4
blacksmith whom he had known for
several years in Globe and other
places. This was before the deposi.
ton was signed.
The defense objected to the ques-
ton on the grounds that the state
did not avail the opportunity to
cross-examine during the time the
deposition was taken and that the
testimony would not be proper in
asmuch as it was alleged to have
been made to two representatives OF
the state in the absence OF the rep
resentative of the defense. Also that
ii was made before the statement
was signed by Ingraham.
The state contends. however, that
under the circumstances of taking
the deposition they were not permit
ted time enough to be represented
and that the deputy sheriffs were
not proper representatives or author
lied TO cross examine and cited cases
at issue. claiming the right under
the rules to impeach the testimony.
The jury was retired from the
court room and arguments were
heard by the court on the point rails
ed. Recess was then taken TO 1880.
Judge Pattee announced his deci-
sion would be given Monday morn
ing.
: Another announcement which
means that the Wootten case is
nearing completion and will probab-
| ly see it's close by the end Of next
week. was the announcement OF
County Attorney r. N. French, tina.
the state had decided to eliminate
the introduction of considerable
amount of testimony along the same
line as has been introduced for the
past week. Mr.. French had pre-
.viously announced he thought IL
would take at least six weeks to pre-
sent his rebuttal testimony He stat.
ed today, however. that he intended
to complete his rebuttal by this eve.
ming but the inability OF several Wit.
nesses to arrive today from Globe
would probably delay another day.
He also asked that a bench wa..
rant be issued for Ed Massey. de-
putty state mine inspector. charging
that he had made numerous attempts
to get Mr.. Massey to come here to
testify and SO far he had not made
his appearance. Bench warrants
were issued for several other wi:
nesses for the state.
Following the announcement OF
County Attorney r. n. French this