Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1916-04-06
PROSECUTING ATTORNEY WHO WAS
PASSENGER ON ILL FATED TRAIN
TAKES STAND TODAY IN RE-
BUTTAL TESTIMONY.
l7-YEAR OLD DEFENDANT WILL NOT
NOT TAKE STAND IN HIS OWN
DEFENSE. HIS ATTORNEYS
HAVE ANNOUNCED.

The fate of Rolerio Cahallero, the Ia
year-old alleged Mrxican bandit whose
sHis the first of large number ~chc
duled 10 be tired on bandit charges. may
be in the hands of thc iuiy bv hate today.
Caballcro j. specifically charged with the
murder of DR. r.. :. Mclain, deputy state
health officer. passenger on the tram
wrecked near Brownsville by Mexican
bandit, on the night oi October Is last.
Testimony ~ the ease completed at
Il 10 today, the last witness 10 take the
stand being the principal prosecuting at
torney IN the ease, District Attorney John
]. kleiber, who was . passenger on the i'll
fated tram and IN the same coach with
Mccain when the latter and others were
killed or wounded by Mexican bandits.
Mr.. kleiher was placed on the stand a
witness IN rcbuttal Of the testimony of
Private Claude j. Brasbear. L. :. A., and
was interrogated by his assistant, County
Attorney A. NJ. Kent
MIR. kieiber sand he was positive that
Brashear never moved after he had re-
celyed Il gun shot wound IN the face aud
could not possibly have seen what he tes
titled 10 on the witness stand
The first witness Ia be placed on the
stand by the defense was Corporal 4. n
Leyman of the Third Cavalry I.cvman
testified that he was IA passenger on the
train together with Corporal McBee, who
was killed, and a discharged soldier
named John Sword. He sand when the
shooting started from the outside he fell
IN the aisle Of the coach that no shot,
were coming from the front, or negro.
compartment OF the coach. thta he saw
three men enter the coach none of whom
were the defendant that he was shot.
while inside the coach. just below the knee,
and that he was shot IN the neck a. he was
jumping of the platform on the front end
on cross examination the witness testified
that any number of men might have en-
tered the coach and he not have seen them
after he jumped.
The second witness was II. j Wallis,
who was with DIR. Mccain, and who was
wounded several times m the holdup Wal
lls stated that the first man to enter the
coach came IN shooting and that he wal
h>) had finger shot from hls left hand
by this man, that the second man "a enter
was Luis de Ia Rosa with whom the wit
ness was acquainted and that he spoke IL
de la Rosa and asked hlm mot To do that
~ we were FRIENDS but that de Ia Rosa
ignored him and called TN SPANISH look
out for the soldiers = that i third man fol-
lowed de Ia Rosa and shot at hmm and
the bullet grazcd the finger Of IN, ruht
hat ft.s.t h..
toilet, where hc found Dr. Mctan and \
Mexican boy already sccrcted. that the
door was pushed open hv some one from
the outside who icrked the Mexican hoy
INTO the aisle and that upon statement ~
the Mexican hoy 10 tile effect that two
''gnngos' were IN the toilet. shots were
fired through the door. one Of which
wounded the witness IN the arm and the
ether killed DIR. McCain. The witness was
positive that the defendant was not one
of the three men he had seen enter the
coach, hut admitted ON crn>> examination
that he might have gone through the coach
after he tthe witnc>>l had entered the
toilet and he might not have seen him.
Doe Washington, a negro mechanic. tes-
titled that he was passenger IN the negro
coach On the night of the wreck: that his
money and shoes were taken from him b,
y tall Mexican, who later robbed the nor
ter, Doe Sterreit. On direct examination
the witness stated that he did not think
the defendant was present. but ON cross
examination admitted that he was not ssnre
Alihj Testimony introduced.
The defense next Soucht "a NsfahhSh =,
alhs and introduced Daniel Caballero
brother Of the defendant, who testhe,
that his brother had not been absent iron
the ranch on which they live, near Lyford
between October and October "a, whei
he was arrested. Referring 10 state
meat made by previous witness that th,
defendant had wora red handkerchie