Los Angeles herald., 1907-12-03

August by all three defendants mas
been absolutely proved false. We
have proved that one of them was In
Canada, one in Texas and only one In
ST. Louis at that time.
.'As to conspiracy, the mere talk
ing together or writing does not con-
stitute conspiracy. 1t must be fol-
lowed by some over act.
"As to the violation of the neutral
ity law there must be a beginning to
set on foot a military expedition.
There must be officers. and an organ
ization, and a commander, and the lay
ing in of stores and arms and ammuni-
tion. The mere fact of associating
together does not form the conspiracy.
We have proved beyond the shadow of
a doubt that there was no military ex-
pedition, nor the setting on foot of
one. The charge falls back on nothing
but letters and documents. There has
been no evidence as to where those
letters and documents were found.
There is not the single scratch of the
pen on those letters and documents
that purports to a revolution. There
is not single line that duplicates
these defendants in violating the neu-
trality law.
contradicted by Experts
'The prosecution had Samuels testify
that he knew Wagons handwriting.
Samuels saw something that Magon
had written in 1905. That was two
years ago. Outside of the credence to
be given to man who swears he can
identify the handwriting of another
man after two years, I want to empha-
size the fact that Samuels lied for the
simple reason that Magon always used
a typewriter, and wrote nothing with
his hand except his signature. Sam
uels. unfortunately for the prosecution,
didn't know this.
"Profs. Isaacs and Phillips, the ex-
perts who testified regarding the
handwriting. swore that the same man
did not write both instruments. SAM
uels said that exhibits and 10 were
signed by villareal. Samuels said this
after two years. but the experts testi-
fed to the contrary.
s'Vasquez was in turn contradicted
on the handwriting by Gonzalez In
every detail. Vasquez said he at
tended every meeting in Douglas. He
lied. Exhibit 13 has been proved a
palpable forgery, written by an ignor-
ant detective who didn't even have any
more sense than to start out by SPELL
ing villareal with a wv instead of
with u v. fsaacs and Phillips, wilo
are expert penmen. testified that the
man who wrote exhibit IA did not write
exhibit 10.
'vasquez lied outright again. He
testified that he didn't know who
wrote It, then he testified that Salcido
wrote 1t. The fool who did write that
false document tried hard to disguise
his writing, but what does it amount
to now?
Argument Childish"
"The prosecution has dwelt long and
earnestly on the claim that when the
club in Douglas was searched these de-
tectives said they found a red piece
of cloth on the table, bearing the word
Liberty in Mexican.
What a childish argument! What
is the difference If they did? Is the
United States district attorney aware
of the historical fact that an Identical
banner was the flag of this country in
1776? Is he aware that Washington
fought under that flag? If the United
States first official emblem in it's
struggle for freedom from King George
was piece of red cloth bearing the
word Liberty on it, I cannot see why
the spirit of Americans should change
on that score. Perhaps. however. the
men in these days haven't got the
same spirit in 1907 that the American
revolutionists had in 1776. Is it
crime? Has 1t come to a pass when
Americans shall give a man up to his
political enemies in foreign country
because, perchance he has carried red
flag with the word Liberty inscribed
on it's surface?
1--WE will leave it to the United
States district attorney to wage his
war against the word liberty onaa red
piece OF cloth. That appears to be his
chief occupation just at present.
1.-THE prosecution talks about a mill
tary expedition. What military ex-
pedition was there with which these
three defendants were connected? :?
There were no private soldiers, no
arms, no ammunition, no orders to
march. There was nothing but a pile
Of forged documents and a gang of
hired perjurers in the employ of the
Mexican government.
Evidence Worthless
"The evidence which has been SUBJ
mitted by the prosecution is not f1t to
hold dog in the pound over night
Those letters were never even mailed.
The prosecution cannot deny that
statement. I repeat it: Those letters
were never mailed.
"The pretended roster Of officers for
this invading army has been proved
false, and it was poorly fixed up at
that.
These three defendants, for some
mysterious reason, are being bounded
by the United States district attorney
This case has been farce from the
time that Furlong and his detectives
broke the laws. IT seems to me that
the Mexican government has had it's
day in court. This revolving travesty
of justice and decency has gone on
long enough. 1t is time that sudden
stop be put to this international. inter-
state burlesque. For just as sure as
the courts do not see fit to stop it just
so sure will the American people take