The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1896-09-15
i'm A MEXICAN BASTILE.
Unfortunate Plight of Conductor
Jerry ". Mccarthy.
THE EVIDENCE IS RATHER FLIMSY
lie IL Charged With Murder Because u
Mexican stealing Ride Was Run
over by Another Train.


1i.--(special Correspondence 1.-The cas-
of Jerry W. Mccarthy. the American con-
ductor under arrest at this place OIL the
charge of murder. has been laid before
the authorities at Washington by Act
ing United states Consul simmons. AT
the time that the matter was brought to
the notice OF the state department. the
delay IN the preliminary proceedings
against the prisoner were already tncn
considered veXatious, but had not yet
grown OF a nature warrantinS an appeal
to the government In the PRISONER Ne
half Now, however 1t Is INHERENT. and
the Americans on both SIDES OF the river
are loud In their demands for the govern
ment 10 interest itself IN the matter and
Insist on greater eXpedHion on the part
OF the McXlcan authorities in investigating
the case.
1t was Just four weeks ago yesterday,
that j. W. Mccarthy was placed under
arrest and held IA confinement pendsng the
secret preliminary proceedings to establish
what IN the United States is equivalent
to Il bill of Indictment. and that stage has
not yet been reached. Judge A. Snarez,
the federal Judge before whom the case
IS pending. says that In two or three days
the preliminary proceedings will be closed,
when the prisoner VIII either be dis
charged or given public trial. Judge
| suarez. II Is 'varously stated. has MADE
the same declaration number of times
during the past few weeks, and his 'ssur
ance in consequence gives little consolation
to the friends of the accused In the
cner, The ofcnse with which he Is charged
no, being baiable.
The charge against Mr. Mccarthy is
that Of the murder of young Mexican
named Jesus Sanchez Herrera. Mccarthy
IS alleged to have pushed The boy off
passenger train. causing him to be run
over and Killed on June Is the nargcl
retHaius Of Herrera were found by some
teIinsters near kllomcter q, between the
stations Of iiosa and Nava. The matter
WAS reported TO the authorities. and on
the complaint Of young Mexican. a
friend of the deceased. Mccarthy was ar
This young Mexican, who is, as FAR as
can be learned. the chief prosecuting wit
II. he and the deceased were riding on
The rear platform of the Pullman sleeper;
that Mccarthy sax. them there ana mace
them ge OFF. As the train pulled out OF
the station where they We're put off, they
get on the train again. The witness then
states that Mccarthy came out of a coarh
with a lAuiern N his hand. and ON dis
hand side pt the car, going south, pushed
him on. The witness says mat he vas
on the slep and thus 1t happened that ne
escaIed detection.
This evidence IS contrnGicted ny wit
ncgses for the defense. The accident re-
port of the railroad company shows that
the hoy was run over on the on oslte
SIDE of he track from which the prescott
Ing witness states that Herrera was
pushed off the train. The report shows
also th1t the body was dragged eighty
re- rom s2u'u W ~ ~ ~, 49, W, -
south.
The story of McCarthys arrest and the
features Of the preliminary proceedings. as
far as he was concerned with thon, was
tod TO The Post correspondent by the
Irislnor himself in ms quarter in the fed
zeal barracks yesterday.
"a was running a passenger between Du-
range and JIral,' said Mccarthy, when
l received notice from the company to
come to Poriirio Diaz and attend cour,
wanted tho coudurl or and engineer of ire
passenger train that left here on tie night
OF june H. That was ali that was known
at our ciilnes about the matter
"On looking at the regislcr saw that
| had taken out the passenger train on
court Moose. where 1 presented myself TO
the Judge.
The Judge began to take my testimony
lie asked me if was the conducior who
| took ont the tram on the night OF Iune
/ H. and told him Nrs No further Xxi
! yes. becnuse / haG locked at The rerlstcr
| Alter taking this testimony from me lie
/ SAL that h" held me responsible fo" the
! dctth of Jesus Snncnez Herrtta. who was
/ Killed on the night Of June II betw4en
! Rosa ana Nova, and that he would de-
declare me "a prison and would atterward
| II was then taken to tho federal b,r-
| racks by a policeman, and brought back
/ 10 the court house at o'clock that after
| noon. Hero before the Judge, his Score
mo met my accuser '' He '" ',1'' you5 %,
Mexican. ana claims to be friend OF the
| The Judge asked him If I was the man
who had sRcved his friend off M ,'' tr .nn,'
and The witness replied in the affrma.,
man questions, ana The iirTt oSe w" was 'l ns
lS now the man was dressed who had