Arizona republican., 1910-01-04
PHoENIx, ARIZONA, JAN. 4. 1s1'
The Case of Conductor Cook.

setting forth the case of Conductor Cook. who is held in prison by the Mexican authorities. Division $40 has its headquarters at the city of Guad- alaiara, state of Guerrero.
 James A Cook, who is an American citizen, was formerly employed as a train conductor by the National Rail- ways of Mexico. He is held pris- oner in the penitentIary at Guadala- jara, and has been a prisoner since August of last year. The statement of the case by Mir Cooks fellow con- ductors says:
 MT. Cook has committed no crime. His incarceration is due solely to the fact that Mexican brakemen robbed freight trains of which he was in charge.
 The railroad officials do not con- meet him in any way with the rob- berries. The Mexican brakemen who committed the robberies have de- clared that he had no knowledge of the thefts. The charge on which he lS utlu IS
 Tt has been conclusively shown that at the time the robberies were committed MT. Cook was in the ca boose of his train preparing his re- ports in accordance with the regu- lations of the railroad company. It has been also conclusively shown that one of the brakemen was stationed on the roof of the caboose to signal any movement of the conductor to his companions actually engaged in the robbery The thefts were effect ed by the removal of bolts from the bottom of the side door of the car, the freight being thrown out while the train was in motion. The door seals were not disturbed, and there fore no evidence of the robberies was visible when the train was examined at the terminal.
 An effort has been made to se- cure the release of Mir. Cook on bail. but the Mexican judge in charge of the case has flatly refused to accept bond. However, three local merchants two Frenchmen and a Spaniard- who were arrested on the charge of conducting a fence" and in whose possession goods stolen from Con- ductor Cooks train were found, have been admitted to bail and are again in charge of their establishments here.
 "A few hours after the arrest of MT Cook the Hon. Samuel F.. Magin, American consul at Guardalajara, was notified of the occurrence. On the day following two members of Guad- alajara Division $40, Order of Rail
 
 and personally notified the Hon Dav- i'd F. Thompson, American ambassa- dor, now retired. Consul Magill has been untiring in his efforts in behalf of Conductor Cook, but so far he has been unable to secure his release on bond, much less the dismissal of the case against him. So far as can be ascertained, the only action taken by Ambassador Thompson was the dictation of a letter that has, by req son of it's erroneous statements, pre- judiced the case of Conductor Cook with the state department at Wash ington.
 Tn the letter referred to. according to information received from the state department, Ambassador Thompson stated that Conductor Cook had not been denied bail, but that the Order of Railway Conductors was unwilling to advance the cash bail necessary to secure his release. He stated fur ther that he had received informa- ton tending to show that the inno- cence of Conductor Cook was not entirely free from doubt"
 The statement shows that Ambas- sador Thompson was not only misin- formed, and made erroneous state ments to his superiors at Washing ton. but took no proper interest in the case. It proceeds.
 When the letter from the state department containing information of Ambassador Thompson's statements was received, a well known resident of Guadalajara, a member of the Or | der of Railway Conductors, who was present when the request Of Consul | Magill for bail was denied, went be- fore Dr. Will B. Davis, American vice | consul. and made affidavit that the | statements referred to were erron- eous. A copy of this affidavit, with | courteous letter asking that an tllOIl lO get lnt tNdcI before the state department. was for | warded to Ambassador Thompson. In- | stead of an expression of regret for | his erroneous statements. and an as- surance of his efforts in behalf of an | American citizen unjustly imprisoned, | the following was received in reply:
 "1 have yours of the 23rd instant ! with enclosure
 Tt is reported from Washington i that the state department believes the Mexican court is still acting within its legal rights.
 Briefly summed up, the facts in the Cook case are these: An American citizen, industrious and law-abiding. innocent of any crime, is being held in Mexican prison because of the action of Mexican thieves. His re- release on bond has been denied. but the accomplices of the thieves have been given their freedom Absolutely no satisfaction is obtainable from the Mexican court in charge of the case"
 It does not appear from the fore going statement whether the Mexican brakemen who confess the thefts