Arizona republican., 1920-04-29
PUBLIC DANGER WOULD WARRANT DENOMINATIONS
 IS INSTRUCTION
Judge Pattee Holds That Citizens of Bisbee Were Within Rights if Peril Actually Existed
tRepubIican A. p. Leased wire1

TOMBSTONE, Ariz., April 2S-If Fred w. Brown, prosecuting witness in the trial of Harry F. Wootton, charged with Kidnapping in connection with the Iisbee deportations of July 12, 1917 joined the deportees willingly, or if imminent danger to the people and the property of the Warren mining district made the deportations necessary. the jury today was instructed by Judge Samuel L. Pattee to find the defendant net guilty.
 The judges charge, which covered nearly 30 typewriter pages. was read late this afternoon.
 To Hold Night Sessions
 In order to speed up the trial, Judge Pattee ordered that the lawyers argu- ments to the jury should begin tonight IL was indicated that there would be night sessions until the verdict is ren- dered.
 Two questions were submitted to the jury by Judge Pattee:
 T. Was Brown forcibly carried from this county and state into New Mexico, or did he go voluntarily?
 '.2- If he did not go voluntarily but forcibly taken into New Mexico, was the act excused by reason of the law of necessity?"
 Wootton is specifically charged with having deported Brown.
 Judge Pattee'S charge to the jury fol- lows in part:
 The removal of Fred W. Brown from Arizona to New Mexico, if he was re- moved. was not justified by any claim established under the laws of the United States or of this state, and you may treat as conclusively proved the fact that no such claim has been estab- lished-
 Gan Hold Deportation Voluntary
 If, at any stage of the proceedings, before the taking Of Brown into New Mexico, he had a reasonable oppor- tunity to withdraw from the body of men then being deported and not go to New Mexico, and such opportunity was without unreasonable conditions and he failed to avail himself of such oppor- tunity. but in spite of such opportunity permitted himself to be taken to New Mexico, then his going there is to be deemed voluntary and not forcible, un- less his failure to avail himself of such opportunity was due to conditions i'm posed which he was not bound to ac- cept or unless it was induced by fear created by the acts of the defendant and those associated with him."
 Referring to the defense claim that the depOrtationS were necessary under the law of necessity. Judge Pattee said that necessity would never justify the seizure and deportation of one who had no part in creating the condition" alleged to have existed in the Warren district.
 Adverting to the so-cal1ed 'I. ". ". issue.' the court declared:
 .sNo matter what conclusion the jury may reach as to the character of that organization and the doctrines as be- 1 lieved in by it's members, it is no more | than a circumstance to be given such 1 weight and only such weight as the l jury thinks ir entitled to in connection | r-if al nf Fnn 0fI f@o l 1s,- stances shown by the evidence in de- .errnining what the situation was in the Warren diStrfct.'
 The indications tonight were that the case would reach the jury by Saturday night.
 Roark Makes Opening Argument
 Denouncing the deportation of 1186 | striking copper miners and their sym pathizers from Bisbee Ariz., to Colum- bus. N. M, July F, 1917. as an offense ''heinous" as the expulsion of the Bel gian non-combatants from their native land by the German invaders during the world war, George M. Roark, assistant county attorney, demanded of the jury verdict of guilty against Harry F. Wootton, charged with Kidnapping in connection with the deportations.
 Says Constitutional Guarantees
 Violated
 Numerous constitutional guarantees were violated during the deportation, MT. Roark contended. Among them he enumerated the following:
 1. No deprivation of life, liberty or property without due process of law.
 2. No interference into ones private affairs or home without legal authority. 3. No cruel or unusual punishment f. The right of bail.
 .. The right of trial.
 (. The right of appeal.
 7. The right of habeas corpus.
 The defendant Wootton is being given all these rights; what right did he have to deprive Fred ". Brown alleged to have been deported by wootton) of them? the assistant prosecutor demanded. Attacking the defense plea that the deportations were justified under the law of necessity because the deportees were conspiring to destroy the lives ren mining district. Mir Roark said:
 s.The evidence shows that the gov ernrnent had troops near at hand, ready and willing and able to handle any emergency; that there was no danger threatening; that but few acts of vio- lence, of a minor character had been committed during the strike imme- diately prior to the deportations. and that. even if such necessity had existed in the beginning, when the deportees | once were surrounded in the Warren baseball park, helpless and unarned. all reason for further action ceased There was then no reason why these men could not have been brought to trial for anN of their alleged offenses instead of being shipped away from the jurisdiction of the only courts that could try them"
 Mir Roark will resume his argument tomorrow morning. He will be fol- 1 owed by w. G. Gilmore of conasel for the defense, who will probably take up The rest of the day.
 
 NAME EIGHT UNINSTRucTED 1
 DELEGATES {