Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1916-12-14
JURY ACQUITS @.
GUAJARD0 TODAY
ON COURT ORDER
TESTIMONY OF PRINCIPAL STATE
WITNESS, ALLEGED ACC0MPLlCE,
DECLARED NOT CORROBORATED.
CHARGE IN DONALDSON CASE DIS
MISSED FOLLOWING VERDICT
IN THE INITIAL CASE.

Quirino Guaiardo. charged nv grand
jury indictment with murder uner two
counts IN connection with the killing of
Earl Donaldson and j. II. Smith. was ac-
quilted by jury this morning i'm the Twen-
ty-eighth district court. The verdict was
instructed by Judge Hopkins. j. being held
by the court that the state witness Her
menegildo Cruz. was an accomphce and
that his testimony had not been corrobor-
ated
The charge 70 the iurv follows
'Gentemen Vt IRE Jury Under TIE laws
of this tate on one can he convicted upon
the testimony of an accomphce alone un-
less a jury first believes that the Testimony
of the accomplce i true and connects the
defendant on trial with the offenSe charg-
ed. and even then 4 defendant cannot b.
uless a jury further believes that there is
other testimony in the ease corroborative
of the testimony of such accomplice Tend
ing TO convict the defendant with the of
fense charged; and such confederation i
not sufficient ii il merely shows the com
mission of the offense charged
''ln this ease instruct you that the wit
ness Hermenegido Cruz j. an accomplice.
That being the ease, the state his ntroduc-
ed no evidence corroborative of the testi-
mony of said aecomplice tending 10 con
meet the defendant Qurino Qua iardo with
the offense charged, which said fact is ad-
mitted by the state.
..J- Al q.
the duty of the court To instruct YOU and
il becomes your duty under the law 10 re-
turn verdict of not guilty a. to said de-
fendant Qurino Guariardo and YOU are
instructed to find and say by Your verdict.
mot guilty."
The ease was that in which the defend
ant was charged with the killing of J. T.
Smith. A similar case against the same
defendant charging murder of Donaldson
was dismissed, upon motion, as 10 Guar
iardo. The defendant Caballero, whose
case was severed by consent from that of
Guarpardo. il still to be held and his case
was continued.
The defense rested it, case about 3
o'clock yesterday afternoon, after which n
motion was entered by the defense asking
for peremptory jury charge instructing the
jury that Cruz, the only eyewitness, is an
accomplice and that his testimony was not
corroborated.
Lola Garcia, n school teacher. testified
that she saw Querino Guarjardo the day Of
the killing about twenty-five miles from
where il occurred.
Guarjardo went on the stand in his own
defense and stated that he was twenty-five
miles, about, from the scene of the killing
when il occurred. The greater part of his
testimony was devoted to a graphic de-
ecription to an alleged water treatment that
he said had been administered to him sew
eral times in the Cameron County jail. He
stated that the nozzle Of hose had been
placed in his mouth and held there, the
water being turned on full force, until he
could hold no more water. lie said that
this treatment did not cause him 10 give
any different testimony from that which he
had already gwen.
Eligio Gonzalez, who pleaded guilty De-
cember / to burglary and was assessed
three years in the state penItentiary by the
Jury. was sentenced this morning by Judge
Hopkins. lie was charged by indictment
with having effected an entrance to and
robbed the Armadiilo flour mills at this
city.