Bisbee daily review., 1920-04-29
Start Arguments
 In WOOttOn Case
(coNTTNUED FROM PAGE oNE)

VCONIINCED FROM PAGE ONE)
 circumstances, have believed that such
 other means conld as well be adopted
 the plea of necessity becomes unavail ! able.
 Il have stated, gentlemen, that the
 guilt of the accused and all things
 necessary to be proven to const,ure
 the crime charged must be proven by 1 evidence which satisfies your mind be yond a reasonable doubt A reason.
 able doubt may arise either from evi
 dence or want or evidence in the case
 It is a term difficult to define and defi-
 nitions have usually added little or
 nothing to the meaning of the term ] reasonable doubt" It is exactly what it's name implies, a reasonable doubt
 remaining in the minds of the jurors after considering all of the evidence i'll the case fairly and candidIy for the sole purpose of dscertaining the truth. You, gentlemen Of the jury, are
 made by law the sole judges of the weight of the evidence and of the cred ibility of the several witnesses who have testified before you. It is for you and you alone, to say what is proven and not proven in the case. It is for you and for you alone to say what weight should be given to the testi- many of any witness or what effect should be given to any of the facts and circumstances which you deem proven in the case. The court cannot aid you by attempting to sum or discuss the evidence. The C. institution of the laws of this state imposes upon trial judges the jury to remember what the evi- dence was, aided as they will be, by the arguments by counsel, to deter mine what witnesses testified truthful ly or otherwise, to determine what facts and circumstances may have been proven in the case and to give the facts and circumstances such weight as under all the evidence they deem them entitled to
 Roark Makes Argument:
 George Roark, assistant county at torney, tonight opened the states ar gument to the jury in the trial of H. E. WoottOn, first of 209 defendants in the Bisbee deportation cases. The session was the first night session neld since the Wotton trial was callet on February 3. By utilizing sevorai hours each evening in addition to the day sessions, it is hoped that argu- ments will be completed and the case submitted to the jury not later than Saturday afternoon.
 The first argument for the defense will be started tomorrow morning by w. G. Gilmore of Tombstone.
 In opening his arguments, MT. Roark declared that upon the decision of the jury depended the answer to the ques- tion of whether or not the country was growing so ''top heavy" that the con- stitutional rights of the American peo- pie were to be upheld or not The Bisbee deportation, Roark argued, de prived hundreds of men of those rights, and inflicted upon them penalty of exile and punishment. without trial or without giving them the opportunity Of explaining anything.
 "If the juries of this country con- done such acts, then we shall have instead of country and government, communities from which men are driv- en from place to place as they were in the dark ages" said the attorney.
 MT. Roark declared that while our l. vasion of Belgium, an equally heinocs offense was being committed right down in Bisbee, and yet those men seek to cover it under the cloak of their loyalty"
 The testimony given by Sheriff Harry c. Wheeler during the trial re- garding the failure of the state or fed eral government to send troops to Bis bee during the I. w. w. trouble was attacked by Roark. There was no need of troops at Bisbee, con- tended Roark and Wheeler's state of mind was such that he only thought he needed help" Roark read teIe- telegraphic correspondence between Governor Thomas Campbell, Sheriff and army officers, which had been offered during the trial, to sup port these points. These telegrams, Roark argued. showed that Captain didn't know what he was raIK- ing about and that there were plenty of troops available at nearby points.
 There was absolutely no necessity for the action taken that day" said Roark, and if there had been any ac- cessity there were other means that could have been called upon"
 The assistant county attorney. in telling of strike conditions at BisDee 1 prior to the deportation. conceded that the aid of every loafer in town" was probably asked. ROark declared that l there was no violence shown by the | strikers that justified Wheeler in talk 1 ing any action against them. It was true. said Roark, that some threats l