El Paso herald. (El Paso, Tex.) 1901-1931, 1913-07-24
BADGER HELD TO
THE GRAND JURY
Powell Roberts and Alleged
Associates in Smuggling
Plan Are Also Held.

Judge T. s Maxey. of the United
/ States district court, will probably
/ hear the evidence in the ammunition
| smuggling conspiracy which is charged
/ against J. B. Badger, Powell Roberts
! Manuel Mendoza, Pauline Q. Diaz, Pablo
I Carbajal and Francisco CamachO.
I United States commissioner G. B.
/ oliver held the alleged cOnspirators to
appear before the federal grand jury
I at the fall term of the federal court
and fixed the bonds of Badger and
1 Roberts at $1,000 each and of the four
( Mexicans at 800 each. Badger gave
I his bond with George F1Ory and John
SorensOn as sureties Roberts had not
given bail Thursday morning and was
returned to Jail The four Mexicans
were liberated until the meeting of the
federal grand jury, as they are held
only as material witnesses in the
alleged conspiracy to smuggle 44S,009
rounds of ammunition to Mexico dis
guised as a, car of coal The defence in
troduced no evidence at the prelimin-
Tells OF Ammunition Sale.
W. H Shelton, of the SheltOn-Payne
Arms company, was the first witness
introduced by the government He
testified that the ammunition which
was seized was valued at $4,000 and
that the car contained 44S,00O rounds
of seven millimeter Mauser ammuni-
tiOn and a quantity of 1880 ammuni
ton. He said that he had received
payment for the ammunition before the
car was released to the Santa Fe rail-
road for shipment TO the Badger Fuel
cOmpany'S spur track. He said that
G. Padres. Of Douglas, paid for the am
munitiOn in two payments
Padres told me to turn the car over
to Powell Roberts, Mr.. Shelton said
Il then wrote the order for the G. H
TO transfer the car upon ROberts's or
der. Roberts was in the store on Tues
day, the 18th, and said that he had not
yet got the car. also had an order
from Padres to turn over 200, 900 rounds
to Roberts six weeks ago. 1 saw Pad
res the day after the ammunition was
seized and he said he was sorry"
Railroad Men Testify.
T. L Lassater, local freight agent OF
the G. H & S, A, testified that he had
an order for the disposition of the car
and that the waybin said that the car
contained rifles and ammunition It
was originally consigned to the Shell
said that Mr.. Shelton took 50 cases of
ammunition and eight cases of guns
out of the car.
G. S. Cheesman, chief line clerk of
the G. H. testified that the order for
the disposition Of the car was presented
by Powell Roberts on July II. He said
that Roberts ordered the car TO be
switched to the Santa Fe on the Badger
G. P. Pickens, line clerk Of the Santa /
Fe, testified that there was written
the words Rush; see Shelton-Payne"
on the order for the delivery of the car |
when he received it He also testified |
that there was 81 demurrage on the car |
of coal, which was billed to the Badger |
Fuel company from Gallup, N NJ, and !
that this was because II had stayed on I
the Badger track longer than Y hours
Frank K Vincill, yard clerk at the /
Santa Fe said that he had seen car |
No. 1912 and that he saw some Next |
cans loading it with coal out of a /
wagon on Sunday
Edward Lane. who is employed at the \
Badger Fuel company, testified that it |
nor Al
car load lots and that Mr. Badger |
weighed out the coal and there was a 1
record of the coal placed IN the car
containing ammunition.
Woman on the Stand
Cecil Bailey furnished the only diver
sion during the rather dull proceed
ings. She declined to answer a major
ity of the questions, saying that she /
did not remember the time, place or
events which had taken place during
the time referred TO by the district
that she was very, very intoxicated
Are you married.? district attOr-
ney Robert T. NeiH said.
Where were you on Sunday. July
13th2"
7 was at home"
did you go driving with Mr.. Badg-
er on that date?"
q don't remember"
did you go by the Badger Fuel
coal yard on that date%'
4 don't remember. 1 don't remem-
Der 1 was very, very intoxicated at
that time and I don't remember"
Did you have a conversation with
Mr. Badger about him ! aiding car
with ammunition and you said that a
closed car would look less suspiciOus%
Il don't remember"
did you tell Capt. Greet that you
knew where ammunition was and that
there would be reward for its seiz-
Ire2"
I don't remember just what I did
say to Greet"
Chas. Moore Testifies.
Charles R Moore, deputy United
States marshal, who arrested the Mex
cans and later Badger and Roberts,
testified to the facts of the arrest and
aid that he recognized Powell Roberts
voice when he called to the men not !
10 run when he arrested them. He
,lso testified that when he arrested I
Roberts later that Roberts said he had
1een hired to check the ammunition. I
Deputy marshal Moore also said that
Badger told him that he was not in
he habit of allowing MeXicans to |
shovel coal at his yard at night and |
hat Roberts had bought eight or ten |
ons Of coal.
Roberts is represented in court by
Walter Howe, Badger by George Estes
md the four Mexicans by VOlney !
Brown. Assistant United States at
orney Robert T. Nein is being assisted !
Y special agent Blanford. Of the de-
Of justice.