San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1892-07-08
GARMENTS CAUSE.
The Testimony Is All In-Argument
Commences Tomorrow.

Commences Tomorrow.
The extradition trial of Carmen
Ybanez was still before the commits
sioner this morning. Defendants
witnesses, Mr.. McMasters and Mr..
Cox testified. Mr.. McMasters' testi-
mony is as follows: my name Is
VIM. McMssters; am deputy United
States district clerk at san Antonio.
There are indictments pending
against defendant, Carmen Ybanez.
There are three indictments, Nos. 120,
l2l, 122. They are all for violating
the neutrality laws of the United
States. They were presented on the
9th of May, 1892 These indictments
are all still pending against defendant.
Upon cross examination he said.
Defendant has not been arrested in
either case. Has not given bond and
lie not in custody in either case. Cap
Eases have been issued tor his arrest
and placed in the hands of the mar.
shalt.
w. E. Cox, the counsel for the de.
fendanu, was then sworn, he said:
1 am the counsel defen ding Carmen
Ybai eZ in the case pending in
Brownsville indictment No. 262. This
case Is still pending on the docket of
this court, and his sureties have as
vet not been discharged. The defend.
ant was out on bond for that case at
the time he was arrested In this case.
His bond was $500. His sureties
are Jesus Saens Morino and Alerlo
Perez.
Under cross examination by Nc.
Leary he said: "There is no entry
made on the docket as to the reason
it WAS continued. No entry was
made on the minutes as / know OF. 1
was acting as counsel for Ybanez at
Brownsville at last term of court.
L got there very late. I did
not demand Q trial. That is
the only case pending at Brownsville
against him. So far as know he has
not been arrested on the other three
cases. have never been notified of
it. don't hold any position in Gar.
za's army. Judge McLeary con-
tended that he was judge advocate
general, with rank OF second lieuten-
ant OF cavalry
The defendant rested here and
Judge McLeary recalled Crecencio
Bensvidas, who said: (McLeary said
he wasn't going to ask him any ques-
tions that he had asked before, but
some others mo, sir, | never mad a
commission in Garza's army. Neither
with or without commission have 1
occupied the position OF junior captain
under CARA. / never have read or
showed paper to Juan Antonio
Vidal aud Juan Cara Zapata, pur-
porting TO be a commission. The COM
panles of Pablo NORM and Cecilio Sa.
mas both guarded me. was between
them. have never given Instruction to
the drill masters while with them.
/ am not competent to act as drill
master. 1 don't know how to should
er arms. never have been q soldier
or among soldiers, until with these
people. was not a guide for them
before the Tortillas fight. was at
the head but was with Cecilio Salin-
as. The reason / went with YbaneZ
when the company divided, was be-
cause they passed me over to him. /
was under guard as q prisoner when
they did 80 and accompanied him
under the same circums tances. Not
one single day have l LETT camp
alone" General McLeary said he
did not wish to ask any more ques-
lions and Mr.. Cox took the witness,
VINO said: "From the ranch where 1
live to the Tortillas it is 8 leagues. I
live leagues from Las Tor tillas. The
road from Las Tortillas to my home
is pretty nearly streight. l have
never seen any kind of commission
or piece of red paper. The reason
asked what kind of commission was
because did not know whether you
meant a verbal or written one. 1
don't know what a junior captain
is. / don't know what posi-
ton they occupied, but they treat.
ed each other as equals. The
reason 1 associated with them was
because Juan Antonio Vidal was q
son of an old friend of my father. Yes
sir, ate and slept with them, or they
rather with me, because they didn't
have cover where with to cover them
selves. This relation existed from
the 9th of December to the 18th of the
same mon tn. AS cher have never
seen either give orders. They would
order each other around. Those gen
tlemen did not command the company
of NORM. Nobody ordered me to
do anything. 1 had neither
gun or a lettered hatband
on my hat or gun. What Il
mean by guarded by both companies
is that both had orders to guard me.
L was with the rural guards but 1
was not soldier. l did not go in
front when they crossed the river. 1
never left the camp either alone or
otherwise.
General McLeary stated that he
had no further testimony and court
until tomorrow morning at
$50 o'clock, when argument will be
heard.
ABSOLUTELY THE BEST.
81 never hesitate to recommend Cham