Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1920-03-16
DEPORTATION Of
B|SBEE MINERS
NOT JUSTIFIED,
ATTORNEY SAYS
Strikers and SynpathizerS
Were Already at Mercy
Of the Men Who Shipped
I Them Out of State,
LAW OF NECESSITY
CANNOT BE INVOKED
Special Prosecutor Says
WOOttOn Can't Claim I'M
munity From Punishment
- on Ground of Self Defense

ley MORNING JOURNAL SPECIAL LEASED WiRHl
Tombstone, AriZ., March 15.-Be-
cause the 1,166 striking copper
miners and sympatnl2ers were al
ready at the mercy of the men who
later shipped them out of the state,
the law of necessity cannot be in
voked to justify the Bisbee depor-
tations of July u, 1871, for which
his alleged participation Harry Il.
Wootton of Bisbee, is on trial here,
according to Il statement made to
the superior court by A. A, Wors-
ley, special prosecutor, here to-
day,
Mr.. Worsley's speech was made
in reply to a claim made by the at
torneys for the defense that the
deportations were justified on the
ground of self-defense, since the
men deported, according to Woot-
tons lawyers, were about to help
overthrow the government and de-
strOy the community of Bisbee.
Mr.. Worsley said in part:
"As the case now stands, by the
avowals of counsel for the defense,
the defendant confesses that he
committed the offense charged,
and he seeks to avoid punishment
on the grounds of necessity and un-
der the law of self-defense. In
their avowal, the defense attorneys
admit that the courts of the land,
both state and federal, were func-
tioning and were not Interrupted
for any reason. They admit that
the court must take judicial knowl-
edge of the fact that the govern
ment of the United States is amply
able to cope with and to conflne
those who offend against its laws.
They further admit that the court
must take judicial knowledge of
the fact that in the federal district
of Arizona there was United
states marshal and deputies; that
there was a governor, and that the
governor and the sheriff of the
county might summons, and call to
their aid every male citizen TO pre-
serve law ana o4alel. lhey farther
admit the deporters had arrested
more than 1,l00 men who they
claimed were organized into con-
spiracy to overthrow the govern
ment, blow up Bisbee and create
havoc and disaster. They admit
IlltlI lIlG utDOi ltlS llEii an VI liANA''
arrested and imprisoned in u park
at Lowell unarmed and surrounded
by something like 1,SO0 men with
guns and clubs, that they dld not
attempt to take them before any
tribunal there to be dealt with ac-
cording to law; that they filed no
charge against them, although they
accused them of the gravest Of
Tense known to our law, the offense
of disloyalty and treason. When
these men were helpless, surround
ed by n superior armed force, the
ldeporters then committed the act
we complain of, and loaded them
into box cars and shipped them
away to another state, and LETT
them on the desert, not knowing
what might be their fate. When
asked why they did not take these
men before a local tribunal and
have them punished according TO
law, their plea is, 1t was more con-
yenient to treat them as they did.
And, strange as it may seem,
| thew did this because of their 10y
alty TO the government and be-
cause of their patriotic duty in
4
most eXtravagant piece of loyalty
| on the part of the accused, for nav
ing arrested more than eleven
| hundred traitors, as they would
have us believe, who were bent on
| the destruction of the government,
they did not hold them and turn
them over to the federal authori-
ties for punishment, but shipped
| them about two hundred miles
away into another state and then
turned them loose, embittered ana
embruted, by the cruel treatment,
to carry out their intention In some
! other part of the community where
their intention might be more DIS
astrous than at Bisbee.
| 'It seems to us the duty of the
| officers, if their action was in gooa
| faith. would be to confine them and
imprison them and have them pun
ished according to law and see to
it that they would not be turned
| loose to commit the depredations
they were accused of in Bisbee'
| When officers do such things as
this, we think they are not acting
| in good faith, and if their state
ment be true, they are in the eyes
| of the law more wretched ana
deeper in crime than the men they
kidnapped and deported.
"It is charged here that they aid
1t under the law of necessity and
self defense. The law If sef de-
/ fense knows no such rule. 1t is too
well settled to question any citation
| of authority for when you nave
your assailant at your mercy the
law of self defense says that you
may go no further.
"If he is gagged and bound and
at your mercy and then you 20 on
and kill him, yon are guilty cl
murder in the first legree. Out OF
the mouths of their counsel, by
their confession they are con
demned for they admit that after
these men were arrested, gathered
into a park, harmless and helpless
they then committed the act the
state now complains Of, loaded
them into cars and shipped them
off into another state"
Tombstone, Ariz., March 15,--
Whether the defense in the case
\ of Harry b. Wootton. BiSbee haru'
ware dealer, now on trial here o'
charge of kicifaplng in connec
ton with the Bisbee deportation
of July IL, 1917 may be permitted
to introduce evidence tending L
show necessity and self-defense,
lcoptinusd on PAGE Twol