Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1920-03-25
DEFENSE SCORES
POINT IN TRIAL
Of WOOTT0N IN
K|DNAP|N INC CASE
Judge Pattee Rules Evidence
May Be introduced to
Prove That Conditions.
Justified DeportationS,
RULING APPLIES ONLY
TO WARREN DISTRICT
Counsel viii Not Be Allowed
to Refer in Opening State
n1ent to Any Alleged Ma
tion-Wide Conspiracy,

@Y MORNING JOURNAL srEciAa LEASED wlRsl
Tombstone, Ariz,, March PA
partial victory for the defense was
scored today when Judge Samuel
l.. Pattee rendered an opinion in
the case of Harry r. Wootton, on
trial here on a charge of kidnapping
in connection with the Bisbee
deportations of July II, 1917, per-
mitting the introduction of evidence
tending to prove that conditions in
the Warren district at that time
were such as to justify the depor-
tations under the law os necessity
The court, however, limited
counsel for the defense 20 mention
ing conditions only in the Warren
district, and declined to permit 1t
to refer to any alleged nation wide
conspiracy in it's opening statement
which probably will be delivered to-
morrow. Proof should first show
what those conditions were before
any reference to an antecedent
conspiracy could be shown, the
court held.
In his opinion. which covered
thirty-five typewriter pages,
Judge Pattee said
Laying aside for a moment the
offer of proof with respect to a
conspiracy existing long prior to
the acts complained of, the offer of
proof as to conditions existing in
the Warren district at the time of
the so-called deportation, the puf-
pose and intent of the persons de-
ported, the contemplated destruc-
ton of lives and property within
that district, the preparations to
carry out that intent, and the acts
and conduct, as we'll as the state
ments of the persons deported, pre-
sent situation where it cannot be
said as a matter of law, that the
rule of necessity cannot be applica-
Bile, but rather leaves the question
of the existence of such necessity to
be determined by a jury as ques-
ton of fact under proper instruc-
tions. If such were the conditions,
and the citizens of Bisbee had
called in vain upon state and fed
eral authorities for protection
against a threatened calamity such
as is set forth in the offer of proof,
it cannot be said as matter OF law
that they must sit supinely by and
await the destruction of their lives
and property without having the
right to protect themselves,
Referring 10 the defense's avow-
al that at the time of the deporta-
tions a nationwide conspiracy in
over 100000 men had been
formed to overthrow the govern
ment of the United States, Judge
Pattee said:
ITO avoid possible prejudice and
a statement of matters which after
might be held to be mad
Missile, counsel for the defendant |
will not be permitted to make any |
with reference to the al |
legged conspiracy existing outside of
the Warren district, but will con-
fine himself to statement of what |
he proposes to show with respect 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 deport- |
ed. The court is in grave doubts as
TO the advisability of such evil
dence and will require therefore |
the exclusion of all reference to it |
until its admissibility can be prop |
erly determined"
The avowal by the defendants re-
Rerred to by Judge Pattee recently |
was mailed to him at Tucson,
Ariz., but had not been released for