Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1920-02-04
All Employees of Phelps
Dodge Corporation Are
Excused From Service By
Order of Presiding Judge,
MEN SELECTED ARE
NEARLY ALL RANCHERS
No Mention Made of /, W.
w. Organization Alleged
Members Of Which Were
Deported From BiSbee,

amined in the opening day of the
trial of Harry i. Wootten, hard
ware merchant of Bisbee, charged
with kidnapping in connection with
| the deportation of striking miners
and sympathiZcrs from that city,
/ July II. 1917. The majority pass
ed, subject to peremptory chal-
lenge of either side, We're chiefly
| farmers and ranchers from far cor
Iuers of Cochise county.
! Speed in selecting the jury sur
| rrised both defense and prosecu-
ton Judge Samuel l.. Pattee is
icredted with speeding the trial
through his ruling that employees
! of the Phelps Dodge corporation
lshould be excused in answer 10 a
iert n. French.
These employees in Justice 60
themselves should not be required
! to serve" said the court.
| Other Veniremen,S unless they
stated they had fixed opinions were
! invariably accepted by both sides.
They did not pass the prosecution,
| r owever, until 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,"
Without exception the men in
the jury box had tonight answered
they did not believe any man or
set of men had this right. Another
Question asked opinion concerning
| the right of officers of the law to
violate the statutes. Opinions con-
lCerning the right of men to strike
Ialso was put to each venireman
examined.
Personnel of Jurors.
The accepted jurors when court
adjourned were:
T.. II. Lee. contractor for carry
ing United States mail; j O, CAL
houn, Douglas, retired realty own
Ior: Andrew Mortensun, White
Water, school trustee, farmer;
Amos Gretton, Douglas. tinkerer;
Frank G. Brown. Wilcox, bank
janitor: Frank Berg, farmer, Sui
phur Springs valley; William NJ.
Riggs. cattleman, former county
supervisor; George II. Dillman,
White Water district. farmer; G.
w. Bush, Portal. cattleman.
Wootten is the fourth man to be
called to trial of 210 persons ac-
cused of kidnapping 1.1S6 striking
miners and their sympathizers from
Risbee. The cases of the first
three were continued today when
defense and prosecution agreed to-
roCeed with the trial of Wootten
when County Attorney French an
nounced his two chief witnesses for
the prosecution of Fred Sandtner
James Boyd and Phil Tovrea We're
absent from the state. French be-
fore court opened announced to
newspaper men he would move for
dismissal of the charges against
the three, but the Wootten trial
automatically continued those
cases.
No Mention of /. w. w.
Although tho defendants, among
whom are included millionares
and some of the most prominent
men of Arizona, have previously
announced and testified the de-
portations were carried out to end
a strike alleged to have been fos-
tered and agitated by the Industrial
Workers of the World, this organi-
zation has not been mentioned since
the trial was begun. 1t was con-
sidered the Kidding the camp Of
/. w. WIS and charges of agitation
and intimidation of miners who
cared to work against that organi-
Zation and its members will bel
used by the defense to eXtenuate
the action of the 1000 or more
men who carried out the deporta-
tions. The fact the strike was call
ed during war time will be another
bit of evidence to be offered by
the defense. it was said.
The prosecution is expected toI
bring witnesses who were among
those deported who will prove they
were not /. w. WIS, and to attempt
to show conditions in the mining
camps as giving reasons for calling
the strike.
One man drawn for jury duty
was excused today when he re-
fused to answer a question from
Attorney French whether he took
part in the deportations after the
court had instructed the venireman
he did not have to answer on the
ground it might incriminate.
Objects to Pay.
Juror Mortenson was passed by
both sides Notwithstanding his ad
he knew the defendant !
Wootten and had had various busi- |
+ ess dealings with him. Juror |
Brown created an uproar of laugh
ter with one answer to a question /
of Prosecutor French:
"Do you know of any reason |
why you should not qualify and act
as a juror in the case?" was the
question.
Yes" answered Brown, "the
iecompense is inadequate to meet
the high cost of living in this
town"
In many states nine jurymen in
jury box would indicate the jury |
was nearly complete. In Arizona |
twenty-four must be passed by !
both sides before peremptory cha e
lenges can be offered. Then y
prosecution withdraws five of II
least acceptable to th
side and the defense seven. leavir
the usual twelve to try the case.
Court will recess Thursday evel
ing until Tuesday next. it was al
uounced tonight by Judge Pate
Friday Is arbor day in Arizona al
4 legal holiday and the court al
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