Bisbee daily review., 1920-03-13

or apparent from whom force or vIo- lence is expected"
 In the presentation of the defense's case. Bert Bland took the stand ana said he fired from Seminary hill. into a crowd in front of the l. W. w. hall His brother, O. C. Bland. said that he and John Lamb posted them selves, with loaded rifle and re- volver, in a window across from the hotel but did not shoot Lamb cc> roborated this testimony. "
 The Courts instructions were de livered before a crowd that packed every part of the court room Per hapS 500 persons were present. Many of them had waited for five hours, prosecutor C. D. Cunningham, at four o'clock this afternoon, began his op enins argument for the State X night session was held in aR effort to complete the arguments. The case probably will be submitted to the jury late tonight. At $40 o'clock the addresses by counsel had been | completed.
 No matter what verdict jury re- turns, the ten defendants cannot be freed. Attorney Herman Allen of Lewis county. today filed in chehalis a second charge of first degree mur- der against each of the prisoners. It is an information accusing them of the murder of Arthur McElfresh, an other of the four eX-service men kill ed in the Armistice day tragedy. The prepondance of evidence indi- cated that McElfresh was killed in Stantly as he stood before the l. W. w. hall. McElfresh was a druggist 24 years old and on overseas veter- an. He had served in Company M of the 18th Infantry. The warrants from Lewis county will arrive be- fore the jury has agreed. Tn case of conviction the new charge is not ex- pected to be pressed.
 The part of the instruction of Judge Wilson's which went to the crux of the issue said: The collection of arms to be used in self defense of person or property is of itself proper and lawful. hut the law does not authorize the killing of people sta toned about, or property inside the habitation, and if you find that any two or more of the defendants, in the manner and form and at the time charged in the information, planned to defend the I. w. w. property there in or any of tho persons therein, by the stationjng of armed men in the Avalon hotel. the Arnold hotel, or on Seminary hill, for the purpose of shooting from those points. all per sons actually or apparently engaged in raid or attack upon the l. w. w. hall, or the persons or property therein, the placing of such men and the shooting from said outside points would not be lawful acts of defense of person or property but would be un- lawful, and if you find that any two or more of the defendants carried out said plan and as a natural, ne3es- sary or probably result thereof War ren O. Grimm was shot and killed as charged in the information. then such . killing would be unlawful and would
 ne murder and each and all of the defendants so planning or participat- ing therein would be guilty of mur- der. But the mere collection and presence of arms is not sufficient
 weheron to place information guilt on any of them. nor proof of cou. spiracy."
 The court also advised the jury 1 that none of the defendants should be convicted simply ou prejudice against the [. w. W. winch is nos , on trial.
 Tie jury was told that # the only , evidence against Elmer Smith. Cen ualia attorney charged as ac cassery, was tEat he informed tke I. W. W. they lad a right 10 protcc. their hall then he should be acquitted.
 The rest of instruct ons were oc- c'Ipied largely with the formal legal
 matters written in criminal cases
 Verdicts on either first or second de :, gree murder might ha returned againsr every defendant except Ele,er Smith. inc court held Ia Snnih's c4"5 Judge Wilson ruled, either f'rs, dsE. ee murder or acqm,tal wcu.'! he necessary. When court convcnel +t otioCh lhIS iHoIHlHS, Iully SOU per sons had filled the room 10 over flowing The defendants were brought in and the crowd waited patiently until 10 o'clock. At t,:s hour Judge Wilson entered. minus his judicial robe. and conferred briefly with Vanderveer
 There will be session of court uil- til one o'clock" Judge Wilson an- nounced without climbing to the bench. a.
 The spectators assuming calm ex. . pression rose few clapped their , hands.
 , The court room was cleared but by noon they were back to find seats heforc tb Dlaca 1ra, ,ccun;od ,a ;t.