Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1920-02-18
MAN CONVICTED
Of D|SLOYALTY
E. EXCUSED FROM
JURY SERVICE
Arizonan, After Being Pass
ed, Is Excused Because
He Had Been Found Gull
ty of insulting Old Glory
TWENTY JURORS ARE
TENTATIVELY PASSED
Finding Twelve Men to Hear
the Evidence In the Bis
bee Deportation Case at
Tombstone Difficult.

lsY MORNING JOURNAL SPECIAL LEASED wlRsl
Tombstone, Ariz., Feb. III.
Chastain, of Bowie, Ariz., examined
as a juror at the trial of Harry f.
Wootton, first of 210 defendants to
be tried for participation in the
Bsihee deportations, was excused
from duty this afternoon when
questioned as to Chastains loyalty
to the United States was raised by
defense attorneys,
Chastain had been passed by the
defense and a challenge by Curley.
assistant chief attorney for the de-
fense on grounds of bias had been
overruled by the court when Curley
asked the venireman if he had
been arrested during the war on
charges connected with his loyalty
Chastain said he had and tho
charges were: II tore down the
American flag, threw it on the
ground and spit on it,
Asked whether he had been
found guilty or acquitted he said
found guilty" Judge Samuel q.
Pattee then interjected the state-
ment that mo man ever found
guilty of disloyalty was fit to serve
on jury"
A. A. Worsley, special prosecutor
in charge of the cases for the state,
declared to the court that Chastain
in the superior court here had been
dismissed on motion of the prose-
cutting attorney because the charges
on investigation had been shown
unfounded.
mo man will ever sit on jury
in court where | preside II there
is the least suspicion as to his loy-
atty" declared Judge Pattee.
mo man is guilty until he Is
proved guilty" answered Worsley,
land this man was discharged by
the superior court here on motion
of the county attorney because
there was no evidence to convict"
Judge Pattee then withheld hts
ruling on the defense challenge IN.
til records in Chastain's case could
be looked up. Ciiastain, before
court adjourned, was called to thG
bench by Judge Pattee and ex-
cused. Worsley after court ad-
journed said a flag had been nailed
to the door of Chastain's barber
shop at Bowie by two men who
dared him to take II down. Chas-
tain, he said did take the flags from
the door then and placed them in
side his shop.
Twenty jurors had been tenta-
lively passed tonight when court
was adjourned until Friday at 2
p. M for the drawing of a fifth
venire which will be of 400 names.
making 1880 names thus far
drawn for jury duty in the first de-.
portation case. Five jurors were
passed today, but Murray McIner-
ny, of Douglas, was excused hy
Judge Pattee later on account of
the jurors age of 10, and fear hfs
health might t<eak down during the.
trial The jurors selected today
were.
NJ. L. Crosby, Benson. dry farm
er; William A. Lythe rancher liv-
ing near Douglas; T. C. Haynie,
Douglas; e. A. Lyall. Light,
Objection to Haynie was made
by the defense on grounds he was
q witness to the deportations in
that he saw the train pass Douglas
which carried the 1.1S6 striking
copper miners and their sympa-
thiZers from Bisbee to New Mexico.
The challenge was overruled.
Lythe was passed suddenly by Z
Worsley after he had said he did
rot think he could serve impair
TALLY. Immediately Mr. Curley
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