Tombstone epitaph., 1920-03-21
MONDAY

convened an hour earlier than usual 10 afford ample time to the prosecu- ton to enter its arguments concern. ing the admissibility of the evidence to be brought forward by the defense in showing the conditions in the War ren district at lhe time ot the depor- taticns in July. 19,.
 The opening speech of the proset IL tion was made by R. x French. coun- ty attorney. who also presented for the consideration Of the court the au. thorities upon which he relied in his argument against 'he plea of the de- fense. His opening remarks were substantially as follows
 This case is an important one. It is perhaps. not only the mos, impor- tan; ever to be tried in the state If Arizona, but il is one of the most important ever io come up for con sideration in any state Of the union While ,he issue is between Harry Woo;,en and the state, the effects Of the decision to be rendered will not be confined to this county CT even to the limits of the United States, bu; will affect the thought concerning the rights Of the employ CT and the employe throughou; the civilized world
 The defense has relied upon the pleas Of self-defense and of necessity It has. in effect, admitted ,he act of which the defendant is accused. We, on the other hand. shall plead ;ha; the defense is not entitled 10 show what il desires in this case. and that wha, it is attempting 10 in troduce as evidence is entirely co-- eign 10 the matter at issue
 French then complimented W T Burges. chef counsel for the defense for the plea made by him on Friday which the county attorney character ized as polished. ingenious and plau- sible From this he went to a cita- lion of authorities from which he read a: length, interlarding his read ing with application Of the authority in hand to the subject under discus sion. When he had completed his ci- tations, he said:
 There was no excuse for the de portation. Not a scintaIla of ey. dence can be produced in it's sup port He then read the Arizona Ia Y concerning Kidnapping. The crime he continued, does not consist in the arrest of the deportees but in their forc:hiN election from the state. and this is also the gist Of the common law"
 All the authorities cited by French concerned the wrongfulness Of arrest ing man, not only without due war rant of law, but even in arrestins him legally but in holding him with out charge or without an opportunity 10 be heard by court
 Was any proceeding ever taken. continued French, "to establish the right of these deporters 10 take the deportees out of the state? Howev. CT legal their arrest might have been the burden Of gui!t comes from the fact, not of their arrest, but of their transportation out ofthe county
 At this point Judge Pattee inter posed the remark that if what the county attorney had said is true, it would be impossible 10 carry a pris- oner from here to the penitentia-y without danger of being haled before court TOT ieIOny.
 French then quoted from a news paper the words of the judge in the trial of the l. W. W. at Montesano, in which he declared that none of the defendants, who are accused Of the murder of several members of the American Legion, should be col- victed because of their utilization wit1 the L W. w, as that organization is not on trial. He followed this by asking leave to read excerpts from the report of the presidents commis- sion, sent to examine the deporta- tions at Bisbee. Judge Pattee de-
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