El Paso herald. (El Paso, Tex.) 1901-1931, 1912-07-25
EST ADb IS
SET FREE
BY COURT
Attorney Alleges Case Was
Attempt of Consul to
"Use" American Courts.
CASE MARKED BY
NUMEROUS CLASHES

Col. Augustin Estrada, charged with
the robbery of monies from the Gus
tom house in Juarez at the time Of
the mutiny on January 81, was re-
leased Thursday afternoon by COM
missioner G. B. Oliver, who held that
no dishonest intent on the part Of
defendant had been shown, and extra
dition to Mexico was therefore re-
fused; the court intimated that the
Mexican government had not estab-
lished any case against the accused
man.
The commissioner said that he was
willing to hear argument but both
parties in the case said they had MOTH
ing to argue.
The commissioner then said that
both the evidence of the Mexican gov
eminent and of the defendant had
shown that the defendant had no dis
honest motive but that he had acted
throughout in good faith toward the
government which later accused him,
and not to appropriate the money to
himself. The commissioner said that
so far as his personal opinion was
concerned, he was satisfied that dur
ing all the matter the defendant had
acted with his government in manner
he thought best. He added that as
a dishonest intent was necessary to
make crime the court would order
the denfendant discharged.
Wednesday afternoon the extra
ditiOn case was closed by both the
government and the attorneys for the
defence, and the commissioner took
the case under Amusement until Thurs
day.
Keeper Offered Him the Money.
It was brought out in the record
that Estrada had taken the money
from the custom house only after it
had been offered to him by the keeper
of these funds, the commissioner said
in his preliminary announcement. 1t
was also shown that it was customary,
prior to the mutiny to take funds
from the custom house to pay the
troops, and that Col. Estrada had re-
stored what was left of the total
amount taken, to the proper authOri-
ties in chihuahua as soon as he was
advised what to do with it.
Alleged Suit Was Result of Malice.
An effort was made by the attOr-
neyS for the defence, in the closing
hours of the trial, to show that the ar
rest and attempted eXtradition of Col.
Estrada was the result of personal
feeling against him by the consul, re-
SUlting from an effort on Estrada's
part to sue the consul in the Justice
and its contents belonging to him
This point was brought out at the
hearing in a pointed question which
attorney J. I. Sweeney put to Mexican
consul LlOrente, who was brought
back to the stand by the attorney for
the Mexican government
rs it not a fact that this entire
prosecution is the result of malice on
your part?' the consul was asked.
No" was his reply
Did not the arrest of the federal
Judge Of JuareZ in Texas for theft
come before the arrest of Estrada for
robbery in MeXicO2''
Yes"
As judge W II Coldweu stated the
case, the attorneys for the defence
were attempting to show that the
Mexican consul was using American
courts to serve his own purpose. as
Estrada had been where he could be
arrested for long period after the
alleged robbery had been committed
and although the consul testified that
he knew this the day following the
alleged commission of the crime no
effort was made to ~--tradite him un-
III after he had L. sht this action