Arizona republican., 1920-02-04
MINE EMP PLOYES DENIED RIGHT II
 S|T AS JURORS
Judge Pattee, Hearing Trial of Alleged Kidnapers, Excuses Employees of Phelps-Dodge Co.-Rapid Progress Made in Selec- ton of Jury


 TOMBSTONE. Ariz.. Feb. 5.-Nine jurors had been tentatively accepted from A veniremen examined in the opening day of the trial of Harry h. Wootten, harware merchant of Bisbee, charged with Kidnapping in connection with the deportation of striking min CTS and sympathizers from that city July 12, 1917. The majority passed, subject to peremptory challenge of either side, were chiefly farmers and ranchers from far corners of Cochise county.
 Speed in selecting the jury surprised both defense and prosecution. Judge Samuel l.. Pattee is credited with speeding the trial through his ruling that employees of the Phelps Dodge swer to challenge of County Attorney Robert N. French.
 These employees in justice to them selves should not be required to serve" said the court.
 Other veniremen. unless they stated they had fixed opinions, were invaria- bly accepted by both sides. They did not pass the prosecution. however, un- til they had answered the question:
 Do you believe any man or set of men has the right to take the law into his or their hands?'
 l. Without exception the men in the jury box tonight had answered they did not believe any man or set of men had this right. Another question asked was the opinion concerning the right of officers of the law to violate the stat utes. Opinions concerning the right of men to strike also was put to each venireman examined.
 The accepted jurors when court ad- journed were:
 |. Men From All Walks
 E. E. Lee, contractor for carrying United States mail; J. O. Calhoun, Douglas, retired realty owner; Andrew Mortenson, White Water, school trustee farmer; Amos Gretton. Doug las, timekeeper; Frank G. Brown, Will cox. bank janitor; Frank Berg. farmer Sulphur Springs Valley William M. Riggs. cattleman. former county super visor; George R. Dillrnan. White Water district, farmer; C. w. Bush. Portal, cattleman.
 Wootten is the fourth man to be called to trial of 21o persons accused of Kidnapping 1.1S6 striking miners and their sympathizers from Bisbee-
 The cases of the first three were continued today when defense and prosecution agreed to proceed with the trial of Wootten when County Attorney French announced his two chief wit nesses for the prosecution of Fred Sandtner, James Boyd and Phil Tovrea were absent from the state. French, before court opened, announced to newspaper men he would move for dismissal of the charges against the three, but the Wootten trial automa- tically continued those cases
 Although the defendants, among whom are included millionaires and some of the most prominent men of Arizona, have previously announced and testified that the deportations were carried out to end a strike alleged to have been fostered and agitated by the Industrial Workers of the World, this organization has not been mentioned since the trial was begun. The fact the strike was called during war time will be a bit Of evidence to be offered by the defense. it was said.
 The prosecution is expected to bring witnesses who were among those de- ported who will prove they were not I. W. N.s and to attempt to show con ditions in the mining camps as giving reasons for calling the strike.
 One man drawn for duty was ex- cused today when he refused to an- swer a question from Attorney French whether he took part in the deporta- tions after the court had instructed the venireman he did not have to answer on the ground it might incriminate.
 Juror MortenSon was passed by both sides notwithstanding his admission he knew the defendant Wootten and had had various business dealings with him. Juror Brown created an uproar of laughter with one answer to question of Prosecutor French. Say Pay lnadequate to Meet H. C. L.
 DO you know of any reason why
 you should not qualify and act
 a juror in the case?' was the ques-
 ton.
 ''Yes," answered Brown. "the
 recompense is inadequate to meet
 the high cost of. living in this
 town"
 |. In many states nine jurymen in the jury box indicate the jury was nearly complete. In Arizona. A must be passed by both sides before peremptory challenges can be offered. Then the prosecution withdraws five of the veniremen least acceptable to that side and the defense seven, leaving the usual twelve to try the case.