Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1920-03-02
JURY To HEAR
NOOTTON CASE
IS COMPLETE
At TOMBSTONE
Twelve Men Are Obtained,
in Exactly Thirty Days, to
Try First of Alleged Kid
naperS to Face Court,
NAMES OF 2,230 MEN
WERE DRAWN FROM BOX
OF These, Only About Half
RepOrtedi 450 Were Ex-
amined the Others Being
Excused for Good Reasons


tsv MORNING JOURNAL SPECIAL LEAsEo wlREi
Tombstone, Ariz., March L.
The jury to try the first case grow
ing out of the Bisbee deportatlons
in 1917 when l.1S6 striking copper
miners and their sympathizers
were deported from the Warren
mining district to Columbus, ~ NJ.
was completed today. exactly one.
month from the first day of court,
Harry T.. Wootton. a hardware
dealer of Bisbee is the first Of 2l0
defendants who are accused OF
Kidnapping to go to trial Because
Of the insufficiency of qualified
| jurors in Cochise county, made
| evident from obtaining the first
! jury IL was evident but not more
| than three or four of the defend
ants can be tried if all demand sep
crate trials. In the present case
the names of 2,230 voters were
drawn for jury duty ana about half
reported to court. OF the half only
450 were examined. the others be-
| ing excused because they were EN-
ployes of defendant copper inter-
ests or for statutory reasons.
l.. A. Smith, an old time pros
pector of Tombstone was the twen-
| ty-fourth venireman to qualify He
was the last remaining member of
the sixth Venire and had he not
qualified another venire would
have been necessary. He took his
seat in the jury box over chal-
lenge of the defense. All twenty
| -four tentative jurors were excused
and court adjourned until Thurs
day afternoon in order to give the
talesmen opportunity TO put thelrs
affairs in shape for the long selge
they have here hearing the evl-
dence, 1t was thought the actual
trial would last from four to six
weeks longer,
The twenty-four jurors all will
report Thursday, but only half OF
their number win be kant to try
Wootton. on Thursday the state
viii pre-emptorily challenge five
and the defense seven, the state
making the first challenges,
Two talesmen were dropped from
the box today after the defense had
challenged them 'on grounds Oh
I
Charles Il. Mannus. the first OF
the two to be excused, held by the
defense for two days and in con-
nection with evidence given to dis
qualify him, Bruce Stephenson, an
attorney for the defense, was ar
rested on a warrant accusing hinf
Of perjury.
on the witness stand Stephens
| IA q
of W. A. Beaton, neighbor of
Mannus, late Wednesday night, and
had been told by Mrs, Beaton that
Mannus had said late In the fallrof
1917 the deportations We're wrong
fully carried out Mrs, Beaton on
! the stand said she did not know
Stephenson. Mr.. Beaton said he
knew the lawyer, but the latter had
not been at his home on the night
in question and he had not seen the
lawyer for five years or more.
When court convened this after
noon the defense called IL, w
Reed of Douglas to the stand and
he said he had driven Stephenson
to within a quarter of a mile OF the
! Beaton home and the lawyer start
j., ed in that direction. Taylor Thrush,
near neighbor of the Beatons,
said he escorted the defense attor-
ney to within 150 yards OF the Bea-
ton home and Stephenson went on
toward the Beaton home.
Harry l.. Foster of Bisbee, an
employe of the copper companies,
told of having heard Mannus con-
demn the Liberty loans.
Mannus himself was given OPP
portunity by the court to make a
statement in his own behalf. He
protested his loyalty to the United
| States. Two days ago he told of
| having been a volunteer in the
| Spanish American war. Mannus
| said he could not buy Liberty
bonds, but his wife had assisted the
Red Cross. He said he remained on
his farm instead of working In the
smelters at Douglas at Sc day be-
cause President Wilson wanted
everybody to raise sfoodstuffs. He
owns a poultry farm and he pro-
! duced his records to show he sold
eggs and poultry during 1917 wall
ued at slightly more than $500
while feed for his chickens cost
| more tnan $oUV.
"1he difference was all my wife
and ! had to support ourselves" he
told the court, "and 1t can be seen
why I could not buy bonds"
Defense attorneys then renewed
their challenge of Mannus and
| Special Prosecutor A. A. Worsley
arose and said that the state did
not resist the challenge because
it would embarrass Mannus to sit
on the jury even though the court
| overruled the objection.
p. C. Haney of Douglas, against
whom SON n-in-law testified for tn"
defense to the effect that Haney had
vised his sons to go to Mexico.
where they were born and raised
to escape the draft. was roundly
denounced by Judge Pattee as lack
ing the patriotism necessary in
war times" even though he might
be a model OF citizenship during
peace. Haney told of purchasing
$3.50 in Liberty bonds. but Judge
Pattee said that the giving of mon
ey was not all that was necessary
for the best type of citizenship.
Willard Hutch, n brother OF
Haneys son-in-l law. testified
against the juror today. Walter
Hutch Is a veteran OF the world war
and told of being shot through the