Los Angeles herald., 1910-02-08
MEXICAN COURT
WILL IMPRlSON
TRAINMAN COOK
Judge Announces Ameri-
can Conductor Must Go
to FelOn'S Cell
DECLAREDINNOCENT
Mexican Despotism Scored
by Friends, but JuriSt
Is Obdurate
DECLAREDINNOCENT
Especial to The Herald ]

~ UADALAJARA, Mexico, Feb. ~
III Judge Palafo has announced he
" will carry out the recommenda-
tions of the prosecuting attorney and
sentence James A. Cook, the American
conductor, to two years and ten
months imprisonment The prosecutor
claims Cook is guilty of criminal neg
ligence
The prisoner will be given the right
of proprietary liberty, which means
that after half of the sentence has been
served his release on parole will be
permitted.
Judge Palafo has signified his will
ingness to allow Cook bail in the sum
of from $500 to $25OO gold.
The report of the sentence of Con-
ductor Cook has brought forth many
expressions of surprise, as it was be-
lieved that in view of the great popular
protest of Americans he would be lib
Grated
Friends of Cook who have interested
themselves in his case say there was
no evidence against him, and openly
denounce- the sentence as unjust and
as IAN outrageous example of the deS-'
potism of Mexican officials"
While it is expected an appeal will be
taken, there is little hope that it will
be sustained, as in nearly all intances
where Americans are involved the de-
cree of the trial court is sustained.
Sentences Asked
The prosecutor asks that sentences
of ten years and ten months and fines
of $500 gold be imposed on three ma
tives, brakemen, implicated, and the
liberation of one native.
The case against Cook will now be
open for the reception of evidence of
the defense as well as prosecution.
Members of the Order of Railway Con-
ductors, who have been active in Cooks
behalf, will continue their efforts for
his ultimate acquittal, and will pro-
vide the required bond.
Judge PalafoX will probably impose
the sentences requested at an early
date. An appeal is barely possible.
The case of Cook extends back many
months and deals with the extensive
robbery of freight trains on Guadala-
iara division of the National railways
AS a result of these robberies, the
railroad company was compelled to
pay heavy claims made by local mer-
chants.
Arrests were made, but few convic-
tions resulted, and the division Off
cials finally laid the whole matter be-
fore the general officials in the City
OIL MEXICO, WIFI lHe IequeSl tlldL leu
eral officers be asked to put an end
to the robberies.
The desired federal assistance was
secured and shortly thereafter the To-
cal authorities launched an energetic
campaign against the car thieves.
This campaign showed that Mexican
brakemen of Cooks train were sys-
tematically robbing freight cars,
throwing off merchandise while the
4Y,fo dn1o n oYl
at night.
Sold to Merchants
The merchandise was picked up by
confederates and later sold to local
merchants. Fourteen arrests were
made, including three merchants-two
Frenchmen and a Spaniard-in whose
possession goods stolen from Cook s
train were found.
AS far as can be learned, the Mex
lean court does not accuse Cook or
participating in the robberies, but or
"contributory negligence"
Cook was called to the third crlmlnal
court on August 80, presumably as
witness, and was committed to the pen
itentiary, where he has since remained.
The railroad officials do not connect
Cook with the robbery, and in state
ments issued by the Guadalajara divls-
ion of the Order of Railway Conductors
it is set forth that the MeAlCdH pidhe-
men, who committed the robberies, de-
clared the American conductor had no
knowledge of the thefts.
Cook came to Guadalajara from the
Panhandle of Texas more than two
years ago. His home Is in Fort Scott,
Kas., where his parents reside.
other American railroad men haye
been held in Mexican prisons for sew
eral months while cases against them
were being Investigated, but it Is be-
lieved that uD to this time all such
cases have involved the killing of per-
sons by trains.