San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-02-18
SCORE AGAIN
IN DEFENSE
Of AWAIT On
Alleged Confession Ruled
Out of Testimony by
Court-martial.
HEAR BORDER MEN
Trial Will Last Several
Days in Coming Week,
1t Is Indicated.
HEAR BORDER MEN

~ =
martial before which he is being tried
ruled that his alleged written comics
sion 10 Allan Walker, deputy l. ),
marshal at Laredo. of having arranged
with one Earl Evans to transport
tequila to San Antonio IN an arr
Dlane is a privileged document and
cannot be admitted as testimony IN
the present trial. Friday afternoon
the defense gained its first Signlfi-
cent victory in the fight for Lieuten-
ant Andrews aCquittal when the
eourt-martial ruled that his plea of
guilty before the L. :. district court
BIT Laredo last November of viola
zion Of the national prohibition act
eliminated q similar charge made
against kim in the present trial. on
the ground that it would twice place
him in jeopardy for the same offense.
I The court-martial made its ruling
SATURDAY afternoon after it was es-
sablished that. Lieutenant Andrews
had been assured by Marshal Walker
Shat before signing the alleged con-
Session the same would not be used
as evidence against him in federal
sourt. Capt. Humphrey Biddle, trial
Judge advocate. attempted to intro
sluce the document as an admission
against interest but was restrained
by the court. Both decisions. Friday
and Saturday, were made after long
nnd vigorous arguments by Captain
Biddle and First Lieut.. Phil Cas-.
assistant trial judge advocate, and by
First Lieut. Park Holland. special
counsel for the defense.
Objects To Testimony.
When the court-martial adjourned
SATURDAY afternoon at 1 80 until .
o'clock Monday morning, it was said
nv defense counsel that the prospect
Tor an acruittal were brighter than
at any point of the trial. The prose-
rutiun. however. seemed undaunted
nv the two adverse decisions against
st. and declared its expectations OF
gaining a conviction on the three re-
hnainins counts which charge the de-
Gcndant with having conspired with
bne Earl T. Evans to transport
liquor in an airplanC from Webb
county to San Antonio, with having
made false official statement to
1ieut. Col. John II. Howard, COM
nander Of Kelly Field. and with hav-
ing used a government airplane' with
Out authority to transport intOXicat-
inc liquor.
! Fridays decision to the effect that
lieutenant Andrews cannot be tried
on the first count. which charges him
Ayith having illegally possessed and
transported Intoxicating liquor, since
he plead guilty TO a similar charge in
Federal court at Laredo, greatly i'm
l. 10 So lr -
charges in the opinion of both defense
counsel and the trial judge advocate.
IT was the expressed opinion of the
defense that this ruling by the court
martial should have barred the adj
mission of any evidence necessary to
prove the charge to which the de-
PENDANT plead guilty, and practically
all testimony made Saturday by
Laredo witnesses regarding the arrest
Of Lieutenant Andrews near Laredo
was made over objections raised by
defense counsel. The court-martiai
ruled Saturday morning, that al
Thought the defendant could not be
tried for the charge to which he plead
guilty, all the evidence in the case
was going to be heard.
Examined By Board.
Saturdays decision which rules
that the defendants alleged cOnfes-
sion Of having arranged with one Earl
i. Evans to transport liquor, cannot
be used as evidence in the present
trial, is even more significant and
far reaching than Fridays decision,
according TO expert opinion. With
out the alleged confession. the one
l.. hn nnl- witness
'the prosecution can summon to estab-
Ssh the conspiracy charge. As 10 the
false official statement to the defend
ANTS superior officer, the only pos
kible conflicting evidence is the al
legged confession TO Deputy Marshal
walker which cannot be admitted.
THE final count. charging the accused
with having used a government air
plane without authority to transport
aiquOr was styled as the weakest of
the original four charges. 1t was
said there is no evidence to show
ahat the liquor was ever placed in
che plane, and the defense declared
this charge 10 he Of little significance
tyhen compared with the other three
counts.
The insanity element was again in
rlPcteu INTO lle tflal saturday morn
Sing. After the first count had been
ldisposed Of by Friday afternoon
Euling Of the Court-martiaI. the de.
kfendant was asked TO plead on the
three remaining counts. The defense
tplead mute on the ground that the
defendant is not of mental condition
THAT would warrant his making any
tplea whatever. Consequently the
scourt-martial ordered that a plea d
fnot guilty be entered.
When Lieutenant Andrews wa
first arraigned before the court-mar
stial on January II, he entered :
splea of insanity or mental derange
sment. The trial was continued ant
IA medical board appointed to investi
gate his mental state. After tive
tweeks of investigation the board
5composed Of Maj. w. c. Won KcsSler
Mai. Leroy T. Howard and Can't
Sleeve c. Odom, Medical Department
tofficerS at the station hospital. Fort
sSam Houston, declared that Lieuten
kant Andrews was of sound mind il
eyery respect. The insanity plea
sboweyer, is still being used by tn,
fdefense.
Hid In the Brush.
The first testimony bv witness wa!
begun Saturday morning when J. c
chamberlain of Laredo. mounted Gus
stoms inspector, was placed on tn,
stand. The witness, after obiectiOI