Arizona republican., 1920-03-25
.PATTEE DECISION GIVES DEFENSE \
 PARTIAL VICTORY
Will Permit Evidence Tend ing to Show That Coudi- tions Were Such as to Justify Deportations as Necessary = Limits It, However
[RepubIican A. p. Leased wirel

TOMBSTONE, Ariz.. March 24-A partial victory for the defense was scored today when Judge Samuel L.. Pattee rendered an opinion in the case of Harry E. Wootton, on trial here on charge of Kidnapping in connection with the Bisbee deportations of July 12. 1917, permitting the introduction of evidence tending to prove that con- ditions in the Warern mining district at that time were such as to justify the deportations under the law of necessity.
 The court, however, limited counsel for the defense to mentioning condi- tions only in the Warren district, and declined to permit it to refer to any alleged nationwide conspiracy in it's opening statement, which probably will be delivered tomorrow. Proof should first show what those conditions were before any reference to antecedent con spiracy could be shown, the court held.
 In his opinion. which covered 3 type written pages, Judge Pattee said:
 What the Judge Said
 Laying aside for the moment the of fer of proof with respect to a con- spiracy existing long prior to the acts complained of the offer of proof as to conditions existing in the Warren dis tract at the tirpe of the so-called de- portation, the purpose and intent Of the persons deported. the contemplated destruction of lives and property within that district, the preparations to carry out that intent and the acts and con- duct. as the statements of the persons deported. present a situation wnere II cannot be as matter of law that the rule of necessity cannot be applicable. but rather leaves the question of the existence of such necessity to be de- termined by jury as question or fact under proper instructions If such were the conditions, and the citizens of Bisbee had called in vain upon state and federal authorities for protection against a threatened calamity, such as is set forth in the offer of proof. it can not be said as a matter of law that they must sit supinely by and await the destruction of their lives and prop erty without having the right to pro- tect themselves"
 Limits Proposed Evidence
 Referring to the defense's avowal that at the time of the deportations nation wide conspiracy involving over 100000 men had been formed to over throw the government of the United States, Judge Pattee said:
 sTo avoid possible prejudice and a statement of matters which after ar gument might be held fnadmissible, counsel for the defendant will not be permitted to make any statement with reference to the alleged conspiracy ex- isting outside of the Warren district. but will confine himself to a statement of what he proposes to show with re- spect to the conditions in that district at and prior to the time of the so- called deportation, and the acts and conduct of the parties accused and those claimed to have been deported- The court is in grave doubt as to the of such evidence and will require therefore the exclusion of all reference to it until it's admissibility can be properly determined"
 The avowa1 by the defendants re- ferred to by Judge Pattee recently was mailed to him at Tucson Ariz. but had not been released for publication.