Arizona republican., 1920-02-03
May Ask Charges Against Sandther, Boyd and Tovrea Be Dismissed Today-Witnesses Swedich and
 Kellogg Fail to Appear
JUDGE DENIES MOTION FUR BLANKET TRIAL
21O Men Charged With Kidnapping in Connection With Deportations in 1917 Appear in Court For
 Their Trial at Tombstone
Republican 4. p. Leased WireI

TOMBSTONE. Ariz., Feb. 2-The first day of court in the trials of 21o men charged with Kidnapping in connec- tioE with the deporation Of 1,1S6 strik- ing copper miners and their sympathiz- CTS from Bisbee, Arizona, in 1917, ended abruptly today when County Attorney Robert N. French declared he was con sidering dismissing the charges against three defendants because of absent wit nesses and needed until morning to decide.
 Previously Prosecutor French had asked and filed affidavits for a confinu- ance of the cases of the three. Fred Sandther, James Boyd and Phil Tovrea- on the ground that two of his most i'm portant witnesses were absent from the state One of these witnesses. Steve SWedich, swore to the Kidnapping charges against the three defendants. He IS said to be in the Texas oil fields.
 The ther witnesses, Mr. French said was G. E. Kellogg of Shelton, Washing ton, who at the time of the deportations was manager of the Bisbee telephone system. Kellogg, it was said in court, would testify the deportations were carried out as the result of conspiracy previously entered into
 Admits Probable Defeat
 French sSid without these witneSseS he possibly might lose the cases and he did not wish to have them go 10 trial facing possible defeat He said he would telegraph to learn when he could obtain their appearance st the trial.
 Attorneys for both sides agreed be- fore court adjourned that whether the cases against Sandther, Boy and Tov- req were continued or dismissed the trial of H. E. Wootten, hardware mer- chant of Bisbee. should begin tomorrow.
 Judge Pattee Denies Motion b French's first motion for a continu- ance in the first case called. because his witnesses were absent, was denied by Judge Samuel T. Pattee because the prosecution could not show defin- itely whether or not its witnesses would come here for the trial
 When court opened this morning the jury panel of 123 men was boiled and the entire number sworn. Those with exemption privileges were excused by Judge Pattee- The case of Boyd, Sand ther and Tovrea had been set for trial tooay. but the prosecuting attorney oh- 1ected. seeking to have 151 defendants, who are accused in a blanket infol- nation, brought first to trial. The de fenSe objected on the ground of the place the three defendants had on the courts calendar. French then moved for continuance Of these cases, which was denied
 Court Room Crowded
 Judge Pattee's court room could not hold but a small percentage of the. jurymen, witnesses, defendants and spectators here for the trial. The crowsi overflowed throughout the court house and to the streets and grounds outside. Ranch men and cowboys with 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 Cochise county.
 Indications were today the defense would ask separate trials for practically all the defendants This. taken with the statement of Prosecutor French that he expected the Wootten trial. scheduled for tomorrow, to last six weeks, apparently shows long session of court unless many individuals are dismissed or agreement is reached for trial of a great number.