The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-11

Guadalajara on freight train at night
and have packages thrown out of a
freight car while the train was in mo-
ton, as was done in the robbery of the
freight trains of which Conductor Cook
was in charge. This test was made at
the solicitation of Samuel E. Magill, the
American consul. While SO far as
known Judge PaIafox has made no
statement concerning the test, it is I'M
derstood that. although he was giving
his entire attention to the nnake-believe
robbery he failed to see some of the
packages thrown off. At the time that
Cooks trains were robbed the Ameri-
can conductor was in the caboose pre-
pairing his reports.
Not Charged With Robbery.
So far as can be learned the Mexican
court does not accuse Cook of partici-
pating in the robberies, but is holding
him on a charge of contributory negli-
gence, which means that it is assumed
that 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 a wit
ness, and after some questioning by
Judge Palafox was committed to the
penitentiary, where he has since re-
manned. The railroad officials do not
connect Cook with the robberies, and in
statements issued by Guadalajara di-
vision $40 Order of Railway Conductors,
it is set forth that the Mexican brake
men who committed the robberies have
declared the American conductor had
no knowledge of the thefts.
Freight trains entering Guadalajara
are checked by the conductors at FL
Castillo, and between FL Castillo and
Guadalajara the reports of the trips are
made ready for delivery on arrival at
the terminal. The cars of Cooks trains
wer robbed at a time when the conduc-
tor was in the caboose preparing his re-
ports. 1t has been shown that one of
the brakemen was in the habit of sta
tioning himself on the roof of the ca
boose to signal any disturbing move
by the conductor to his companions
actually engaged in robbing the cars.
In each instance the thefts were eff
fected by the removal Of bolts from the
bottom of the side door of the car, the
door being pried out sufficiently to al
| low the entrance of a man and the I'M
! loading of merchandise. The door seals
were not disturbed, and therefore no
evidence of the robberies was visible
when the trains were examined at the
terminal. Receipts for cars in good
condition were given Cook by the seal
| clerk in Guadalajara.
Bail Was Refused
The feature of the Cook case that has
| aroused the greatest feeling was the re-
| fusal of Judge Palafox to accept bail
for the American conductor while ac-
chants in whose possession the stolen
goods were found. The acceptance of
| bond for the release of Conductor Cook
was requested by Consul Magill, after
| arrangements had been made for a
bond for any amount that might be
| designated The Judge based his re-
fusal on the ground that the value Of
the merchandise stolen was such that
| conviction in the case meant a sem
| tence of five years or more in the peni-
| NJ 10
law acceptance of bond in cases of such
magnitude is not allowed. He stated
he was able to accept bond for the
| release of the three merchants because
even in the event of their conviction Of
receiving stolen goods their punishment
| would be less than five years in the
| penitentiary.
About two months ago Judge Pala-
| fox concluded Investigations in the
| Cook case and turned 1t over to the
| ''procurador de justica." or public pros
| ecutor for the formation of conclusions.
After holding the papers for some
| time the "procurador'' sent them back
| to the criminal judge with a request
for additional evidence. A few days
| ago the case was turned over to the
| public prosecutor a second time, and
| is now being reviewed. If he decides
| that there is no ground for the accusa-
| ton against Cook, the case will be end
ed and the American conductor releas-
1
ask that certain sentence be passed.
In criminal cases the trial judge may
! reduce the punishment asked by the
''procurador de 1ustica'' but he can not
| exceed it.
| History of the Case.
The history of the Cook case really
| extends back many months and has
\ to do with the extensive robbery of
| freight trains on the Guadalajara d.
vision of the National railways. As
a result of these robberies the railway
| company was compelled to pay heavy
claims made by local merchants. Ar
| rests were made, but few convictions
resulted. and the division officials fin
| ally laid the whole matter before the
general officials in the City of Mexico,
with the request that federal officials
1 be asked to urge on the Guadrala1ara
authorities the necessity of putting to
/ an end the railroad robberies. The
desired federal assistance was secured,
| and shortly thereafter the local auth
| critics launched an energetic campaign
/ against the car thieves. This campaign
| resulted in showing that Mexican
| brakeman composing Cooks train crew
were Systematically robbing freight
| cars throwing off merchandise while
the trains were pulling into Guadala-
jara at night. and that the merchandise
| was picked up by confederates and
| later sold to local merchants. Four
| teen arrests were made, the number
| including three merchandise Spaniard
and two Frenchmen-in whose possess
sion goods stolen from Cooks trains
| were found
1t is reported here that international
complications may result from the Cook
case due to the attitude of the Order
of Railway Conductors. and the Broth
erhood OF Railway Trainmen. of which
| organizations the imprisoned conductor
| is q member It is stated that in the