Show WA AS NOT INSTAllED WITNESS CLAIM Defense Introduces T Testimony Testimony esti- esti mony in Case of Men Accused Accused Accused Ac Ac- of Salting Ore Dismissal Motion Denied It If the testimony of ot Dr Ernest Green Cedar City can be relied on the die dic ph alleged to have been Installed In room at the Newhouse hotel on January 31 for tor the purpose of ot overhearing overhearing overhearing over over- hearing conversations originating in that room V which was occupied by James McCoy who with William II Connors is Jointly a accused of ot conspiracy acy to defraud th tho tho- American Smelting and Refining comp company ny by salting ore oZe was not in operation on that date between be between between be- be tween the hours of ot 30 and in n the afternoon as claimed by the tion Dr Green testifying for the defense in the preliminary hearing in City I Judge Noel S. S Pratts Pratt's court this mornIng mornIng morning morn- morn Ing said that only o one e telephone con took pla place e between 2 and 4 o'clock In the afternoon while he was there with C Connors and then Connors remained only long enough at the Instrument in instrument In- In strument to inform the caller from the outside that he had gone out and I w would Uld not return for some time DEFENSE PRESENTS CASE McCoy and Connors began their de defense de- de tense today after Judge Pratt yesterday yesterday yester yester- day denied a a a. motion for tor a dismissal of ot the complaint which c charges arges the de defendants defendants de- de with salting altIng ore samples at the Garfield smelter on January 29 Dr Green on direct examination told of ot an engagement he had with McCoy McCoy Mc Mc- Coy which was arranged d by Eugene E. E I Parks and William Barnes Dr Green 1 said that he met Parks and Green GreenI j I shortly before 2 o'clock at the Cullen hotel and went from there by auto to toI the Newhouse hotel arriving at McCoyS McCoy'S McCoy's McCoys McCoys McCoy's Mc Mc- I Coys Coy's room about 2 o'clock Green had m made de an appointment for tor an earlier meeting but was delayed Mr Parks I then set the meeting for tor 2 o'clock and aud audI notified Green to that effect by placing a note In his key box at the hotel I LEAVES ROOM Green said he was accompanied to McCoys McCoy's room by Parks and Barnes I After Ater a few tew minutes McCoy announced that he had made another engagement and left the room about fifteen or twenty minutes after Gre Green n arrived McCoy Parks and Barnes then left the room and Green and Connors re re- re About twenty or thirty minutes minutes min mm- utes later the telephone rang and Connors Connors Con Con- nors fore answered it About 3 o'clock a maid came to the room and made nade ade the bed No other callers bother bothered d Green and nd Connors after that Green Greeh said he left the room ab about ut 4 o'clock or a few tew minutes after He said that no one ene ne had c come me Into the room to install an instrument of ot any kind A few days ago during the battle to exclude the record of ot a sided one-sided conversation conversation con con- alle alleged d by the prosecution to have taken place at length between Connors and someone from the outside outside out out- side the state offered the testimony of ot a woman detective and a mechanic to establish the fact that a had been Installed In McCoys McCoy's room I between 8 30 and 4 o'clock on the afternoon afternoon aft att- of January 31 Dr Green w was s sure that he was ws a visitor at McCoys McCoy's room all that time and that it would have been impossible to have Installed an Instrument in the room without him having noticed the operations The state stata contends that the graph was placed behind a dresser in the room and nd a wire extended to room where the alleged conversations of ot Connors were picked up and taken down by a shorthand reporter |