The Birmingham age-herald., 1910-02-08
COOK ID RECEIVE
 PRISON SENTENCE
Mexican Judge Holds Ameri-
 can Conductor Guilty.
HISTORY OF THE CASE
Robbery Of Freight Trains on Branch of Mexican National Railways Causes Cook to Become In Solyed in the Trouble.

1 GuadalaJara, Mex, February 7.--Judge Palafox said tonight that he would carry out the recommendations of the prosecut- ing attorney and sentence James A. Cook. the American railroad conductor, to two years and ten months.
 l The prosecuting attorney claims Cook l is guilty of criminal negligence. l The history of the Cook case extends back many months, and has to do with the extensive robbery of freight trains on the Guadalajara division of the National railways.
 As result of these robberes, the rail- road company was compelled to pay heavy claims made by local merchants. Arrests were made, but few convictions resulted. and the division officials finally laid the whole matter before the general officials in the City of Mexico, with the request that federal officers be asked to urge on the Guadalajara. authorities the necessity of putting an end to the rail- road robberies. The desired federal ss- sistance was secured, and shortly there after the local authorities launched an energetic campaign against the car thieves. Thic campaign resulted in show ing that Afexicon brakemen composing Cooks train crew were systematically robbing freight cars, throwing off mer- chandise while the trains were pulling into Guadalajara at night. and that the merchandise was picked up by conteder- ates and later sold to local merchants.
 fourteen arrests were made. the num- nal fhraa tfenchmen and a Spaniard-in whose pos session goods stolen from Cooks trains were found.
 So far as can be learned the Mexican court does not accuse Cook of participa- tion in the robberies but had him on a charge of 'contributory negligence,2 which means that it is assumed thM negligence on his part in the care of his trains made it possible for the brakemen to rob the cars. He WAS called to the | third criminal court on August 30 last, presumably as witness, and after some questioning by Judge Palafox. was com- nitted to the penitentiary, where nS has since remained. The railroad officials do not connect Cook with the robberies, and, in statements issued by the Guadalaiara division of the Order of Railway Con ductors, 1t is set forth that the Mex ican brakemen who committed the rob- berries declared the American conductor had no knowledge of the thefts.
 A feature of the Cook case that aroused great feeling was the refusal of Judge PalafoX to accept bail for the American conductor, while accepting bond for the three foreign merchants in whose posses sion the stolen goods were found. The judge based his refusal on the ground thTt the value of the merchandise stolen was such that conviction in the case meant sentence of five years or more in the penitentiary and that under the Mexican law acceptance of bond in cases of such magnitude is not allowed.
 He stated that he was able to accept bond for the release of the others because even in the event of their conviction on the charge of receiving stolen goods their punishment would be less than five years in the penitentiary.
 Cook came to Guadalajara from tho Panhandle of Texas more than two years ago. His home Is in Fort Scott. Kan. where his parents reside. His wife, who accompanied him to this city, died of smallpox a few months after their ar rival
 Other American raidroad men have been held in Mexican prisons for several months, while cases against them were being investigated, but 1t is believed that up to this time all such cases have in- volved the killing of persons by trains. So far as known, the Cook case is the only one that has resulted in long i'm prisonment in connection with freight robberies