El Paso herald. (El Paso, Tex.) 1901-1931, 1920-03-06
LAWYER ASSAI[5
NAN IN DRAF 7


appear 10 be "beaucQup fsche7 OF. in
the language OF thoseNwho understand
not French-"cons1dera peeved''
over a little bit OF testimony that
managed 10 creep into the transcript
OF the case OF H. s. Wootton. on trial
here for alleged participation in the
deportations that ended the L W. w
trouble az Bisoee on July Il, 1917.
The testimony was given Monday
afternoon. when counsel for the de-
fence was seeking 20 snow that one.
Of the jurors. p. C. haTuie- OF Doug
las. had made disloyaI remarks during
the war ana had urged his sons to
go TO Mexico 70 avoid the selective
service draft
willard Hush. Of Douglas. was.
called 70 the stand by the defence
as a witness against Haynie- The as
sistaut county attorney was making
a vigorous attempt 10 retain Haynie
on the jury III spite Of the disloyalty
allegations
Fought and Was wounded
Hush was examined by Frank z
Curley. Of Tucson. assistant chief
counsel for the defence. A part OF
The direct examination Of Huish. taken
from the transcript, follows
Q. Your name IS Willard Hush?
A. Yes. sir
A. 7 am % years old
g. Where are you living at present.
A. At present am living in Tucson.
O. What are you doing2
a. Going 10 school
C.. What SCHOOL,
a. The University OF arizona
G. And where had you been prior
TO going 10 the University OF Arizona
A. From June. from June until
the 18th OF September was in Doug
las. AriZ-
Z. And prior to that
A I was in France
G. You were in France
A. Yes. sir
@ For how long,
A. For six months
Q. Are you in the university. now
on account OF your physical condi- /
tom
A. Yes. slr.
G. Due 70 WHAT
A Due TO a gunshot wound through
the right lung.
Q. Received in France
A. Yes. sir
@ How long we're you IN France. /
Mr. Huish2
a. 7 was in France six months.
c. Where were you wounded
s.. I was wounded in the Argonne
woods on the Sth day OF October.
The Cross Examination
After Hush had given his testimony
against HaTnie. the returned soldier
was cross examined by George Roark-
assistant county attorney RoarE
sought vigorously 70 discredit the
witness testimony. And. during this
cross examination, occurred the fol-
lowing testimony that has aaroused
the eNservice mems Indignation Here
is the part
Examination by Roarl:
G. What draft were you drawn in2
= was drawn in the first draft
Q, In the first draft You didn't
volunteer until you were dragged in
by the neck in the draft eh2
5Ir. Curley: I object to that imputa-
ton
The Court: Sustained A soldier
that was drafted and did his duty is
Just as much entitled TO credit as II
he had gone without being drafted.
For several seconds after the as
sistant county attorney made his in
sinuaring remark regarding the SOL
diers Of the selectiVe draft army, Il
appeared that an outbreak was i'm
miueut in the courtroom. Scores OF
parently ready TO make the assist
ant prosecutor think again before heI
repeated any such questions One tall
youth, still wearing an army shirt
remained standing even after order
had been restored sit down. buddy.
Wants Eook at the Bird
] just want TO get one look at the
bird who made that remark" replied
the exsoldier. He did get one look. j
and il was long one. too. before he
took his eyes from ROarz and sat-
down again
Roark was not satisfied. and at
tempted 20 again discredit the
wounded soldier. The transcript
shows that the examination followed
@ But you didn't volunteer?
4 10. sir
Q. Your patriotism didn't appear
until you were drafted?
Alr. Curley, 7 object to that
The Court Sustained
Ar- Roark. You had an opportunity I
to enlist. didn't you2
A. Yes. sir.
Q. There was a can for volunteered
Q. You didn't volunteer
A. No. sir.
1Ir Curley- I object to the imputa-
ton
The Court Sustained
4 I can state why ] did not. too, 4
n you want me to-
The Court: No. It isn't material
The Court It is just as patriotic
70 obey the conscription law as # is
Roark waited On.
Roark was waited on yesterday
afternoon by a special committee I
from the Bisbee post Of the American /
Legion and informed that the legion 4
either wanted him to apologize for 4
his remarks TO Huishh in open court 4
or go on record as standing back 4