Arizona republican., 1920-02-18
MAN SUSPECTED OF D|SLOYALT TY CANNOT GIT AS JUROR PATTEE
Disnisses Veniremen Once Accused of Splitting on American Flag = Suspi- cion of Disloyalty Suffi- cient to Cause Dismissal, Says Court

TOMBSTONE. Ariz Feb. 17.-I- ChaStain of Bowie, Arizona. examined as a juror at the trial of Harry r.. Wootton, first of 2190 defendants to bI tried for participation in the Bisbee de- portations. was excused from duty this afternoon when question as to Chas- tain's loyalty to the United States Was raised by defense attorneys.
 Chastain had been passed by the de- fense and a challenge by Curley, as- sistant cheif attorney for the defense on grounds of bias had been overruIed by the court when Curley asked the venireman if he had been arrested dur ing the war on charges connected with his loyalty. Chastain said he had and the charges were: 'I tore down the American flag. threw it on the ground and spat on IT.
 DisIoyaI Unfit To Serve
 Asked whether he had been guilty or acquitted he said Found guilty" Judge Samuel l.. Pattee fnterjected the state ment that mo man found guilty of dis loyalty was fit to serve on a jury
 A. A. Worsley, special prosecutor ir charge of the cases for the state, de- clared to the court that Chastafn- in the superior court here had been dis missed on motion of the prosecuting attorney because the charges on inves- tisation had been shown unfounded.
 "No man will ever serve on
 Jury m court where ! QreSIOe If
 there IS the least suspicion as 10
 his loyalty" declared Judge Pattee
 No man is guilty until he is proved guilty answered Worsley and this man was discharged by the superior court here on motion of the county at torney because there was no evidences to convict
 Judge Pattee then withehld his rul- ing on the defense challenge until rec ords in Chastain's case could he looked up Chastain before court ad- journed was called to the bench b, Judge Pattee and excused.
 Worsley, after court adjourned. said flags had been nailed to the door of chas tain's barber shop at Bowie isv two men who dared him 70 take it down. Chastain, he said did take. the flags from the door then and placed them inside his shop
 20 Jurors Accepted
 Twenty jurors had been tentatively passed tonight when court was ad 1ourned until Friday at D. m. for the drawing of fifth venire, which will De or 400 names, making 1,Sa0 names thus Tar drawn for jury duty in the flrst deportation case Five jurors were passed today, but Murray Me Inerny of Douglas was excused by Judge Pattee later on account of inc jurors age of 70, and fear his health might break down during the trial. The jurors selected today were:
 M. l.. Crosby. Benson, dry farmer. W lilam A. Lythe, rancher, living near Dougias; T. C. Haynie, Douglas; E. A. Lyall, Light. rancher.
 Objection to Haynie was made bv the defense on grounds he was a wifi ness to the deportations in that he saw the train pass Douglas which car red the 1,1S6 striking copper miners ana their sympathizers from Bisbee to New Mexico. The challenge was over ruled.
 Lythe was passed suddenly by Wors ley after he had said he did not think he could serve impartiaIly. Immed3E ately Mir. Curley said pass the juroys and Lythe went to the jury box.
 Worsley entered the case today. sucs ceeding County Attorney Robert N French, who had to be relieved because of grave illness Worsley. if was ssid, will make new attempts to have, court procedure speeded up by longer sessions.
 WorseIy to Fight Ruling
 Worsley sought 10 have jurors passed who had no opinions concern ing Wootton's part in the deporta tons regardless of what they believed Of the right or wrong of the deportations as a whole, but was overruled by Judge Pattee, who said a stipulation concerning the point had been agreed to by both defense and prosecution be- fore Worsley entered the case. Wors- ley said he would be forced to accede to the ruling in the present case. but would renew his fight for the admis sion of this class of jurors in the next
 After leaving court tonight he said
 "A man saying he has an opinion the right or wrong of tho ieportations is disbarred from tic Jury here. In a murder case under he same ruling a man who said he had an opinion as to whether murder was right or wrong could not serve. Suilt or innocence of the accused IS he main thing at issue and about which the prospective may know noth ng does not count"