Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1915-11-30
JUSTICE OF PEACE KIRK RENDERS
HIS DECISION ON CASE IN WRIT
iNG-PIzANA Is HELD.

the greater part of yesterday afternoon
had been allowed the attorneys for the de
frndant, j. I. CanaleS and q. &. Dancy
and attorneys for the state, County At
tomey A. NJ Kent and District Attorney
John kieiber. for argument Of the ease.
Pizana l. brother of Aniceto Pizana
alleged bandit leader. and j. charged i'm
connection with the murder of Private
Herbert Mcclure at the Los Tnletos ranch
on August , The ease has been before
Judge Kirk since November p. recess
being granted in order to obtain service
on Lieutenant l.utz Of the Twelfth cav
airy. Lieutenant Lutz came To Brownsville
Saturday and a. he was needed with his
command could not be kept until Monday
and his deposition was taken before the
presiding Justice of the peace. The state
ment contained very little additional in
formation to that which had already been
taken. After District Attorney Kleiber had
closed the argument Mr.. Kirk stated that
he had given the ease his close attention
and would read his opinion and reasons for
arriving at same.
Judge Kirk said:
II have given the evidence
brought before me in this case the
most careful consideration. | will
give You a few brief reasons for my
findings. II appears from the evi-
dence that this party. Ramon Pi-
zana. was sent for the night before
the killing of Corporal Mcclure:
that he came To the residence OF his
brother and mother where the kill
ing occurred. the night previous to
the killing; that he came fully
armed and that said arms were
found near his person short time
after the killing: there l. no doubt
that he was present mt this meeting
and at the battle with officers fol-
lowing the meeting. The purpose
OF that meeting j. well known 10
every citizen of Cameron county: ii
was a meeting of outlaws. held for
the purpose of planning violations
of the laws of Texas and resistance
of the properly constituted author
itie~ and officers thereof. Had this
been simple gathering Of peaceful
citizens. the officers. when they APP
peared. would not have found an
armed host To resist them. would
not have heard the command
Throw down that gum spoken To
Aniccto Pizana. answered BY hul-
lets.
''Thi~ man. Ramon Pizana. was
one of the conSpiratorS. and a. q
result OF that conspiracy Corporal
McGuire was killed
Il find that Ramon Pizana j. not
entitled to bail and shall hold him
without bail 10 the grand Jury"
AT the conclusion of the ease Mr. Dancy
announced that he would attempt To gain
his clients release through habea~ cor
puS proceedings.
County Attorney A. M Kent Yesterday
afternoon dismissed the ease against Flo
rcntine Perez, arrested and charged a. M
nutcrowih of the wrecking of the St. Louis.
Brownsville & Mexico passenger train on
the night of October Is and the killing of
Dr. f.. :. Mccain and Corporal McBee.
ssLast week an agreement was reached be-
tween the attorneys for Perez and the
county attorney admitting him to bond in
the sum Of $500 on charge Of robbing a
store. near Lyford. In default Of this bond
Perez j. still held in the county Jail.
Application for a habeas corpus hearing
was made this morning by Pizana'~ attor-
nevs. Me~Sr~. CanaleS and Dancy. before
District Judge W. b. Hopkins. The hear
ing was let for Wednesday morning at 2
o'clock. in the district court room.
The examining trials of several mer
charged I'm connection with the wrecking
of the st. Louis. Brownsville & Mexico
train on the night of Oct. II will begin
tomorrow morning nj nine O'Clock before
Justice of the Peace III. r. Kirk. Al
though all Of the men charged arc named