Bisbee daily review., 1920-03-26
FRENCH SAYS INTRODUCTION OF
 |. W, W, EVIDENCE WOULD MAKE
 F|JRTHERPROSECU USELESS
Defense Will Call States Star Witness Stand in Offering Evidence As to Conditions Preceding the Deportation Of 1917; County Attorney Declares Court
 Ruling on Testimony Correct

confined conditions to the Warren district and 10 the purpose Of prov ing a necessity on the part of the defendants in committing the acts complained of for protecting lives and property ir that community and he held. this morning. that the evil dence would not he admitted 10 prove the necessity of defending or aiding the United States government. but only the citizens of the Warren dis trict,
 "The remark referred 10 was made by me in reply to the effort of Mr. Burges to reopen the question which had been decided by Judge Pattee ard so permit the defendants 10 in- troduce evidence from the State Of Washington and elsewhere concern ing I. w. w. propa ganda and activi- ties against the government.
 My remark was not meant re- flection on the court, because the court had decided the question Tn my favor and had excluded all the evi- dence which I believe to be objec- tionable. IL is a fact. however. that Mr. Worsley and I have for some time been discussing the advisability Of dismissing the Wootton case in the event that this r. W. W. liter ature and propaganda are introduced in said case.
 "Whatever may be the outcome of Woottor case, the other cases will be tried on their own merits and as long as juries may be obtained in the county to try them"
 Have Mass of Evidence Attorneys for the defense were this afternoon preparing to introduce to- morrow morning a mass of evidence concerning the activities of the l. w. w. and the connection of these aC- tivities with the strike of copper min CTS in the Warren district in June ! and Jlly 1917, which. the defense contends. was responsible for condi- tions in the district which made the deportation necessary.
 When advised of MT French's statements this evening. w. II. Bur ges of Fl Paso. chief counsel for the defendants said:
 MT. French has known all along that our principal defense would be | based upon the fact that the deporta- | tions were conducted as a matter of necessity to prevent the destruction of life and property in the Warren | district by l. w. w. IOnspIrators. We 1 are confident that when We snow the | conditions that existed in the Warren | district just prior to the deportationS. 1 and when we show that these cOndi- | tions were not local but were brought | about as a part of nationwide con l spiracy on the part of the l. w. w. | to hinder the prosecution Of the war and ultimately bring about the over | throw of the government, it will be readily seen that the deportation was | absolutely necessary.
 The principal difficulty just now seems to be that the state and de fense have placed widely diverging in terpretGtions upon the ruling read yesterday by Judge Patte. lt is up l to the court to decide what matters are proper and what are irrelevant.
 If the state feels that il is useless Co | proceed with the prosecution if cer- | tain testimony concerning the l. W.
 w. is allowed by the court. then We
 cannot but feel that the state must ! realize that it is fighting a losing bat tie. We believe that all of the tes- | timony and evidence we are seeking
 to offer concerning the l. w w is
 highly proper. in that it will show
 every angle of the conspiracy against
 the government fostered by the l. W. w.
 If Judge Pattee rules thd, such
 testimony is not proper. then we will
 do our best tc show the danger that
 faced the people of Bisbee with what
 ever testimony is permitted
 The County Attorneys statement.
 however is gratifying in the extreme
 tC the defense. inasmuch eS it ap-
 pears to Us to be an admission by the
 state that it cannot convict the de-
 fendants if We are allowed to show
 all. and not just part. of the conspi.-
 acy that caused the strike in the War
 ren district and that made the dc
 poTtations necessary"