Los Angeles herald., 1892-09-04
THE PLOT WHICH M|SCARR|ED,
Deputy Marshal Marsh Com
pletely Ex0nerated.
Charges Against Him in San Diego
Ordered Dismissed Yesterday.
A Case Worked Up Against Him by His
Enemies Falls to the Ground-A
Statement OF the Inside His
tory of the Matter.

| Gueml66 rails TO tne GrOuuu-A
| Statement OF the Inside His
| tory of the Matter.
| Deputy United States Marshal A. W.
Marsh received telegram yesterday
from his attorney, the Hon. James L.
Copeland, of San Diego, stating that the
case against him, charging him with
kidnapping Eduardo Crosthwaite into
Mexico, had been dismissed by District
Attorney. Gen. Johnston Jones, of
San Diego. Mr.. Marsh was seen by a
HERALD representative yesterday and
he made brief statement of the case.
He said that "a commission had been
appointed by Judge Torrance, of San
Diego, to take the testimony of the
officers who arrested Crosthwaite in
Mexico on the night that it was alleged
that he was kidnapped, which testimony
was taken on the 18th of this month,
and that since that time he has had no
doubt about the fact that the case would
be dismissed, the testimony of
Guard Cruz, and the officers,
Moreno and Rodriguez, being
so clear and positive as to
the fact that Constable Moser had
turned the prisoner Crosthwaite over to
Cruz, while he, Moser, went to supper,
and that Crosthwaite, who is danger
GUS man and ex-convict, in an unguard-
ed moment had struck Cruz violent
blow and fed into the river bottoms on
the American side, but being closely
persued had crossed over into Mexico,
where two Mexican officers, hearing the
shots which Cruz had fred after the
fleeing prisoner, and seeing man rum
ming towards them from the American
side, arrested him, supposing that some
crime had been committed.
''In getting him to the light, it being
dark night, they discovered their pris-
oner to be Eduardo Crosthwaite, and
knowing that he was wanted in their
own country, for assault to murder, inn
mediately notified Justice Of the Peace
Y. @. Fuentes, who at once visited
Crosthwaite in Jail. who detailed to the
judge the facts OF his escape from Cruz,
and stated that being closely pursued,
he had taken refuge in Mexico,
where his family resided, expecting to
make his way to Rosario, where his
father-in-law lived, and get horse and
money and escape into the mountains,
knowing that he was then an outlaw in
both countries. To make long story
short, Crosthwaite was held to answer,
tried and convicted of assault to MUIR
der, but owing to the pleading of his
mother was given light sentence, serv-
ing eleven months in the Ensenada Jail.
Upon completing this sentence, he
returned to the United States and was
shown affidavits of mine, which were on
file at Washington, showing that Crosth-
waite had been engaged in smuggling
Chinese into the United States and was
an all-round cattle thief, and by threats
and the assurance that if he convicted
me he could sue the United States for
large amount, was easily induced to
swear to complaint charging me with
kidnapping.
cat the preliminary hearing the only
corroborating testimony was given by the
notorious DR.. De Vasquez, who, the
readers of the HERALD will remember,
was mixed up in an unsavory case DUR
ing the boom.
"The true secret of my arrest, however,
was the attempt made to have me re-
moved from Office at Washington by
prominent federal official, and by anony.
nous letters, etc.. which can only be ac-
counted for in one way-I have been
actively engaged in enforcing the Chi
nese exclusion act, and, during the past
two years, with the assistance of Depu.
ties Goodrich and Smallcomb, have ar
rested and sent to China over one hum
dred Chinese, and have practically
stopped their coming in over the Mexi-
can frontier, and have undoubt-
edly stopped very lucrative
business for a few people
of San Diego. whose names
1 will not mention, because the matter
is now being thoroughly investigated,
and will be heard of later. l would
like to state for General Johnston
Jones, district attorney of San Diego
county, that his actions have been those
of an honorable and conscientious off,
cial, and had he had the time to have
personally conducted this case, instead
of intrusting it to his deputy. the case
would never have been heard of.
Crosthwaite is now an outlaw from his
own country, as he is wanted in Mex
leo for violating customs law on July
2, 1892, showing that since my arrest he
has still kept up his old habits"
This prosecution of Marshal Marsh
has been really a persecution. He has
been an officer for fifteen years past,
and has most enviable record as
brave man and skillful detective.
He was chief OF police in Albuquerque,
N. NJ. and reduced the turbulent ele-
ment of frontier city into submission.
For number of years he was chief of
the secret service of the Santa Fe rail-
way company. While in this position
he ran down two gangs of train robbers,
capturing six men the first occasion,
and eight on the last-the latter COM
prising the notorious "Red Murphy"
gang, at which time two desperadoes,
Hardy Foster and Bill Brown, were
killed. He is also a lawyer, having
been admitted to practice by the SUI
preme court of Ohio.
His record in this city is too we'll
known to need repetition. Suffice it to
say that to him more than to any other
man is due the enforcement of the
Chinese exclusion act, and the conse-
quent reduction OF coolie competition
with white labor. He is brave. clean,
able officer, against whose character not
a suspicion exists.