El Paso herald. (El Paso, Tex.) 1901-1931, 1913-10-14
DIAMONDS FIGURE
IN COURT HEARING
Jose Diaz Lopez Charged With Snug
Cling Gems From Sonora; Govern
ment W ms In Ammunition Case.

ment Wins in Ammunition Case.
The corpus deficit, legal Latin for the
body of the crime, occupied the federal
courts time Monday afternoon. The
corpus deficit came Up when Jose Diaz
Lopez was called to answer the charge
of smuggling diamonds from Sonora,
valued at $3.50 After the government
mad introduced evidence to prove that
the diamonds had been found where
Lopez said they were and that he had
adm tilted being commissioned by the
rebels to sell them. attorney T. c. Lea
argued before judge MaXey that the
government had not established the cor
pus deficit because its ATTORNEYS had
not shown that the diamonds had ac-
tually been brought from Mexico with
out the payment of duties
Attorney Lea held that the admis-
sion OF the defendant was not suffi-
Client to convict him, and that the su-
preme court had ruled that such an adj
mission was not sufficient TO convict
without AcOrrObOratiVe evidence The
government attorneys, judge J. L Camp
and Robert 7. Nein, argued that the
man had admitted being commissioned
to sell the diamonds by persons in So
nora; that he had not given a plausible
answer when questioned by customs Of
Ilclals as to where he got the diamonds
After dismissing the jury while the
case was argued, judge MaXey ruled
that the government had not estab-
attorneys for the government a chance
to introduce other evidence to prove
that the diamonds were Struggled from
Mexico. Witnesses were then DIaced
on the stand to prove that the ring
was OF Mexican setting and the diamond
bracelet was made in France. The case
went TO the jury at noon.
a verdict OF guilty was returned bv
the jury against Lopez
The government drew first blood in
the ammunition cases called for the
criminal part of the present term. The
jury returned a verdict of guilty. in +be
cases of GOmescindo Carreon and Re
1uglo NasqueZ. charged with attempt
ing to Smuggle ammunition across the
river. The defendants were charged
by the gOvernmenr with having CON
ceaIed ammunition under boxes of ap.
pies which they pretended to sell be-
tween FL PasO and Clint, Tex. At the
DeSnnlng of the present term of court
Judge I \ MaXey announced that the
supreme court had reversed a decision
IN which he had ruled that it was
necessary to complete the overt act in
conspiracy or actual smuggling of am
muniuon- He said that the higher
court had ruled that the intent to
smuggle was all that must be shown
Dy the government. The Carreon-
Nasquez case was the first ammunition
case 10 be called at this term and the
taken to indicate that the government
VIII have a better chance to obtain con-
victions in such cnases in the future.
The federal grand jury has about
completed its work and was excused !
Tuesday for the day, to allow assistant .
district attorney Charles c. Cresson to /
prepare the indictments which had been (
by the grand jury 1t is ex- !
pected that the final report of the [
grand jury will be made at the opening
OF court Wednesday morning The /
grand jury has examined a large NUM- [
per Of witnesses at the present session |
larger than at any past session, at /
torneys say, and a number of warrants |
are expected to be issued.