El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-04-26
ACQUITTAL OF
GASPAR GIRON
Very Important Ruling By
Judge Boarman
ION CATTLE BRANDS
1t Is Not Enough To Prove That d
Brand Has Been Changed, But
There Must Be Positive EVid-
ence As To Who Changed 1t.

Yesterday afternoon the criminal
docket was cleared in the federal court
| by the acquittal of Casper Giron of the
charge of receiving smuggled cattle
and the dismissal by the district at
| torney OF similar charges against Pink
bud and Corey Black and Ted Howard,
as the result OF the ruling of his honor,
Judge Boarman, in the first trial.
The Giron case was one that attract
ed consider able ton on account OF
| the prominence of the acquitted m an in
the section down the valley around San
EliZario where he keeps q store and
owns large ranch, When his case
drst came up 1t was whispered about
that there were others who might be
implicated in the alleged offence.
This women has not yet come to pass
add probab bly, will not now.
At the trial yesterday Capt. r. j &.
Beall and Judge w. M. Coldwell ap-
pearsd for the defendant, and District
Attorney Terrell and Assistant Dis
trict Attorney Foster for the govern
ment.
The governments case amounted in
su bstance to this: Giron has a ranch
at San Elizario and some 400 head of
cattle. Among these it was alleged
that there we're two that bad been
smuggled from Mexico and on which
the original brand r E G had been
PARTIAL obliterated by a barrun across
1t and the defendants own brand
placed on them.
The first witness for the government
WAS the United States inspector, who
seized the cattle in question. He
testified to having examined the cattle
and also to have made memorandum
of mum Der of the brands on other
cattle on the Giron ranch, where he
spent two days. When he attempted
to describe the brands hoSever his
testimony was objected to by the
defence and ruled out by the court.
A COW boy employed on the Giron
of the defendants brand, having
previously said that he was familiar
9th the various brands Ia that local
ity. Capt. Beall objected that under the
law OF Texas this could only be proven
by the records of the county clerks |
office where the brand was on file. |
The district attorney held that this |
rule could apply in the state courts,
but Judge Boarman thought that In |
contrary the state law held good a ESQ 10 |
The federal courts as to the ownership |
and title to property, although ne was |
- first willing to allow the witness 10
'estify to what be knew in regard to
'be brands from his own positive |
knOWleoge. In1s. however, he WAS
lnable to do Is he knew of them only
rom what be had been told.
Judge Boa-man then asked the dis
'rict attorney what he expected to
prove by the witness and when Mr..
Terrell said that he desired to prove
hat the original brands had been
'oliterated and the defend ants placed
IN the animals, thereby showing a
rand ulent intent, the judge replied
hat this would not be sufficient to JUS
ify verdict of guilty as the brands
night have been changed by some one
,ther than the defendant.
The district attorney then announced
bat be had no further testimony to
'ffer and if that was the view his hon
'r took of the case the jury n light just
's we'll be instructed to return YER
lict of not guilty IS it was useless to
waste any more time on the case. This
vas done and Giron set free.
Immediately after this Mr.. Terri II
ism Used the four other similar cases
'eudiug, as it was evident that no con-
lotions could be secured on this ruling
I the court. The decision OF Judge
'oarman was the subject of much COM
1ent among the officers here who say
hat If it is adhered to convictions will
q we'll nigh impossible.