Tombstone epitaph. (Tombstone, Ariz.) 1887-current, 1920-02-08

Sandtner Tovrea and Boyd would be settled The court
then recessed until 10 O'Clock tomorrow morning
Morning Session
With the calling to trial in the Superior Court this
morning of the against Fred Santner. Phil Tovrea
and John Boyd three defendants out Of 2l charged wp
kidnapping. the mucl-hclalded and already famous dc
portation trials materialzed.
For the past two days from all parts of the
United States chiefly for the prosecutions have arrived III
the city, while for the defense witnesses who reside
mainly in the Warren District flooded Tombstone by au
tomobile and train. In addition Jurymen numbering
hundred made Tombstone their objective in an
of the court while the defendants, mum
bering hundred here today to take i'll the
first day proceedings although only three OF their NUM-
Der to be placed on trial
When Judge Pattee, who is here to sit i'll the
in place Of Judge Lockwood disqualified, opened court
this morning 10 o'clock the courtroom crowded
to capacity with defendants and jurymen: Following
the jury being the court requested all JuIymen
with valid for exemption from duty TO come for
ward and present their claims Al applied Tor exemption
but following examination by the court only - were eX
cused leaving total of JOG remaining on the panel from
which the twelve tasen to sit on the cases OF Sandter
TOvrea and Boyd. will be drawn.
Recess then ordered by the court following
which court again convened shortly before II 100 O'Clock
ready for action with counsel for both sides present the
jury defendants and spectators croWdnS the courtroom
to overowing many standing III the aisle and III the cor
ridor
The first hitch in the proceedings came wien Judge
Pattee called the order TO proceed with the trial
County Attorney French statement to the count an
nou1ced that in the three set important witnesses
which lac had SubpOenaed had not yet arrived III lOi
stone and would probably for time. he stated
that it was his understanding that any he might
choose from the blanket warrant could be brought to
trial and announced ready only Oh the blanket warrant
and not from the separate infonatOns which Sand-
ner Tovrea and Boyd had been arrested.
The defense objected to this procedure tie
grounds that it was understanding of counsel that the
three cases had been for today and Attorney Cuy
for the defense announced the defense ready to
to trial
The court. following this turn in affairs ordered the
county attorney file his affidavit asking for contn
ance and adjourned until 100 1t will then be up
to the court to decide whether not the Sandtne ct al
ease shall 90 to trial. whether more deen
dants can be called trial today.
To the mind of the layInan this will be important
decision since it will prove the precedent to whether
anv defendant can be called time matter under
which information he had been arrestedthe blanket
a senarate case or what is known a
Following the dismissal OF court until the afternoon
whom interviewed County Attorney French said:
..As far as / am concerned 1t Is my understanding
that did not particularly have to be ready in the Sand
nor Of al cases. any than had to be in any other
ono of the two hundred and eleven. They were all in
formed against in the manner some on the blanket
;fomatOn and separate infOmatlons, is the
;.,at;on in the cases set for today. have different
tssos for almost every to be tried under the de-
+aton cases. and my stand this afternoon will be that
- ono of the defendants have informed against can
'lIed for trial at the discretion of the court will
e. 49,, affidavit claiming a continuance in the Sandtner,
Tro. ~ s Rovd case. 1t viii be up to the court"