The border vidette., 1913-05-31
CONSPIRACY CASES DISMISSED. Prominent Mexcans Found "Noi
 Guilty" by Commissioner Bird.

Monday in United States Com missioner Allen T. Birds court, at the request of Assistant Unit ed States District AttOr6ey J. c. Forest. the conspiracy cases against Jose Manuel, IT., Adol- fo Pecina, the Mexican Immi Alberto Mascarenas, Antonio Leon, COsme Rivero, Carlos | Moctezuma and Luis Estrella, all MeXicans, were dismissed. and young Manuel, who was brought from the Nogales, Sonora, jail, was given his liberty, with the advice not to again go back to Mexico, which advice he will~n doubt take.
 The case attracted a great deal of attention, on account of the prominence of @ number of the parties accused of conspir ing against the state of Sonora. and the district court room was crowded long before the trial.
 The United States was repre- scented by Assistant District At torney Forest, while the defend ants were represented by Judge w. A. O'Connor and Attorney Frank J. Barry, of this city.
 In granting the motion for dis missing the case against the de- fendants, on account of lack of evidence, Commissioner Bird said:
 Without going Into the mat ter very closely, l will say that cnIipt 101.O- ceeding under American laws and guided by the Anglo Saxon rules of evidence, and all per sons accused of crime are en- titled to be heard under those rules of law and following those rules of evidence; and when peO- pie are brought here accused of crimes, we expect those accns- ing them to present cases that will meet our rules. Witnesses under those rules are free men. They cannot be forced, and the law will not permit their coer- ciOn. and when witnesses arc brought here who admit SucE coercion, as this witness has done. their case falls to the ground.
 Tt has been the misfortune O this court, as we might say, tC have presented before it a mum Der of cases out from Mexico O this character. There was frs the Fleischer case. in which wit nesses testified that their tes timony that had been presented to this court. was eXOrted b. force. and then. there came tb' Arnold case, in which MT. Ar mold proved by the laws of tn state of Sonora that every dOlla charged him that he had eX pended was expended legail, and that ne had paid, as he als proved, for the merchandis that he was charged with em bezzling; and at the same tim the commissioner in visiting Ca nanea was informed that tn witnesses whose testimony wa to be brought before him, wer in jail for perjury in that yer case.
 Under the evidence in thOS cases. and the law, it wOul have beeD a crime to have hel those men, and here we have case 1nQcn more udSEdIO Ulld either of those. Here they brin into court and lay charge against eight men, six of whor they bring into this court. Thei complaint was laid upon an a legged confession by their chic witness, given in Mexico. The permitted this witness to com here, and he denies in toto hi alleged confession and declare it was eXtOrted from him b threats of death.
 Now it is to be hoped tn; our friends across the line wi send to our American courts r more such cases. The motto to dismiss is granted, the q fendantS are discharged, the bonds are eXOnerated and tl witness must go out of this cOu room a free man and in u hands of his friends"