Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1920-02-03
THREE ALLEGED
k|DNAPERS MAY
ESCAPE TRIAL
At TOMBSTONE
County Attorney May Dis
miss Charges on Account
of Absent Witness Given
Until Today to Decide,
A LONG SESSION OF
COURT Is PROBABLE
Prediction Is That Wooten
Hearing viii Last Six
Weeks Court Room Too
Small to Hold Crowd,


Tombstone, Ariz., Feb. 2.-The
first day of court in the trials Of
210 men charged with kidnapping
in connection with the deportation
of 1,1S6 striking copper miners and
their sympathizcrs from Bisbee,
Ariz., in 1917. ended abruptly to-
day when County Attorney Robert
n. French declared he was consid-
ering dismissing the charges against
three defendants because of absent
witnesses and needed until morn
ing to decide.
Previously Prosecutor French
had asked and filed affidavits for
a continuance of the cases Of the
three, Fred Sandther, James Boyd
and Phil Tovrea, on grounds that
two of his most important witness
es were absent from the state. One
of these witnesses. Steve Swedich,
swore to the kidnapping charges
against the three defendants, He
il said to be in the Texas oil fields
The other witness, Mr.. French
said was G.. f. Kellogg, of Shelton
Washington. who, at the time of
the deportations was manager OF
the Bisbee telephone system kei-
lcgg, it was said in court. would
testify the deportations were car
ried out as the result of a conspir-
acy previously entered into.
French said without these wit
nesses he possibly might lose the
cases and he did not wish to have
them go to trial facing possible
defeat. He said he would telegraph
to learn when he could obtain their
appearance at the trial.
Attorneys for both sides agreed
before court adjourned that Wheth-
er the cases against Sandther,
Boyd and Tovrea We're continued or
dismissed the trial of II. l.. Woot-
ten, hardware merchant of Bisbee,
should begin tomorrow,
French's first motion for con-
tinuance in the first cases called
because his witnesses were absent
was denied by Judge Samuel L.
Pattee because the prosecution
could not show definitely whether
or not its witnesses would come
here for the trial.
w men court pptliBd Aiilo lIlpi II
ing the jury panel of 23 mon was
Lolled and the entire number
sworn. Those with exemption priv
ileges were excused by Judge Pat
tee. The cases of Royd, Sandther
and Tovrea had been set for trial
today, but, the prosecuting attor-
ney objected. seeking to have 151
OF the defendants. who are accused
in blanket information brought
first to trial. The defense objected
on the grounds OF the place the
three defendants had on the courts
calendar. French then moved for
continuance of these cases which
was denied.
Judge Pattee's court room could
not hold but small percentage of
the jurymen, witnesses, defendants
and spectators here for the trial.
The crowd overfloWed throughout
the court house and to the streets
and grounds outside. Rapchmen
and cowboys, big wide hats and
high heeled boots, miners in their
particular garb mixed In almost
equal proportion with attendants
from the cities and towns of Co.
Chise county.
Indications were today the de-
fense would ask separate trials for
practically all the defendants. This,
taken with the statement of Pros
ecutor French that he expected the
Wootten trial, scheduled for tomor-
row, to last six weeks, apparently
shows long session of court un-
less many individuals are dismissed
or agreement is reached for stimuli