Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1920-04-29
ARE
BEING MADE IN
WOOTT0N TRIAL.
At TOMBSTONE.
Case of Man Charged With
Kidnapping In Connection
With Warren Strike Is
Approaching the End,
JUDGE DELIVERS HIS
CHARGE TO THE JURY
If Deportation Was NeceS@
sary to Protect Life and
Property, the Defendant
Should Be Given F Freedom,


Tombstone, Ariz., April 2s.--If
Fred w. Brown. prosecuting wit
ness in the trial Of Harry f. Woot-
ton, charged with kidnapping in
connection with the Bisbee deport-
ations OF July -, 1917, Joined the
deportees willingly, or if imminent
danger to the people and the prop
orty of the Warren mining district
made the deportations necessary,
the jury today was instructed by
Judge Samuel l.. Pattee to find the
defendant not guilty.
The judges charge, which COW
cred nearly thirty typewriter
pages, was read late this after
noon.
In order to speed up the trial,
Judge Pattee ordered that the
lawyers arguments to the jury
should begin tonight 1t was in
dicated that there would be night
sessions until the verdict is rem
dered.
Two Questions Submitted.
Two questions were submitted
to the jury by Judge Pattee:
~, Was Brown fopnibly car
ried from this county and state in
TO New Mexico. or did he go vol
unfairly?
80. II he dill not go voluntarily
but was forcihly taken into New
Mexico, was the act excused by
reason of the law of necesstv?"
Wootton is specifically chargei
with having deported Brown
Judge Pattees charge TO the
jury follows, in part;
The removal of Fred w Brown
from Arizona to New Mexico. II ha
was removed, was not justified hy=
, any claim establshe under the
| laws of the United states or of this
state, and YOU may treat as con-
clusively proved the fact that no
such claim has been established.
''If at any stage of the proceeds
ings before the taking Of Brown
! into New Mexico he had a reason
able opportunity to withdraw
from the body of men then being
| deported and not go to New Mexi-
co, and such opportunity was
without unreasonab conditions
and he failed to avail himself OF
such opportunity, but in spite OF
such opportunity permitted himself
to be taken to New Mexico, then hts
going there is to be deemed volS
utnary and not forceible, unless
his failure to avail himself of such
| opportunity was due to conditions
! imposed which he was not bound
| to accept or unless Ii was induced
! by fear created by the acts OF thr
| defendant and those associated
with him"
So-CalIed I. w. w. Issue. -
Referring to the defense's claim
| that the deportations We're neees-
sary under the law of necessity,
Judge Pattee said that necessity
would never justify the seizure and
deportation of one who had no part
/ in creating the condition alleged
to have existed in the Warren dis
/ trict.
Adverting to the so-ca led II.
! w. w. issue" the court declared.
| "No matter what conclusi6n the
| jury may reach as to the character
of that organization and the doc
trines as believed in by its mefil-
| hers, it Is no more than a circum-
stance to be given such weight and
only such weight as the jury thinks
1t entitled to in connection with all
the other facts and circumstances
shown by the evidence in determ-
| ming what the situation was lin
| the Warren district"
The indications tonight were
that the case would reach the jury
by Saturday night