Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1923-04-05

of the current of the river near ths
point where Guiilerno Sayas' body was
| found.
| Conrad testified that the back eddy or
current on the river near that point was
upstream from where the tracks Of the
three men struck the river. and declared
that m object dropped into the river nc
that point would not move up stream.
The body was found 200 feet up stream
| from where the tracks struck the river.
1 He also testified. when questioned by
the prosecuting attorney. that the condi-
tions Of the Rio Grande are always
changing. and that il is possible that the
condition which prevailed one month
ago. when he made the observation. need
not necessarily have prevailed four
months ago.
Prudencio Hinojosa appeared on the
stand and testified to finding some
pieces Of broken windshield and giving
them 70 Arthur LiEhtbourn.
I Agapito Longoria, cowboy down the
river, took the stand next and testified
rs TO some circumstances surrounding
the finding Of the body. He said that he
was told Of the finding Of Sayas' body
BY Tomas Gomez. who found the body.
Tomas Cisneros. who was with Gomez.
a short time before the latter found the
corpse said on the stand that he and
Gomez rode down to the viyuda on
horses. dismountcd and there separated.
! iIe was called after Gomez had gone sew
cral hundred feet and saw the body
where Gomez had found IT,
The main object Of contention between
the defense and prosecution yesterday
afternoon appeared to be whether or not
body. droppd into the rivcr al the
point where the three tracks met the
river would be carried up stream 10
where the body was found. Also the con-
dition of the soil was brought out. and
the fact that il raincd on the afternoon
the body was found. was mentioned In
connection with the tracks. in an effort
to show that they would not have re
mained plainly visible.
The jury which il trying the case of
Ilijini" Nrrcado ~ nl was charged this
morning ~ Judge y. q. George and
Milton Ii. West. district attorney de-
Iivered the first argument for the state
Mr.. West showed the gun IN the trial
Said that il was known TO have been I'm
the possession If the defendant on the
lay Of the murder. and he also showed
that one of the bullets which was in
Sayas' body fin the gun. which was "a
IS raIibrr special.
The gun was given to the sheriff by
james Werbiski. Mr.. West said. He told
the jury that the defense had intinated or
stated that SayaS was a sinugglrr. Sayas
and Manuel AIrrrado were often seen In
company. and frequently made trips 70
the home of Hijinio Merrado. near where
the murder was committed, aud IL IN
the murder was committed.
TIc pointed our that the tracks M the
river were identified by Arthur Light
bourn. Sheriff yann. Manuel Saldana aud
Mrs. Digman.
III. H. Galbraith delivered the argu-
ment for the defense. He declared that
the state had showed the weakness of its
ease 10y not questioning werbiski as TO
where he secured the pistol. lie asserted
that such questioning would have ruined
the case.
He declared that the defendant had
not been seen or positively Identified
in company with Ssyas after the latter
left town on that afternoon. The de-
PENDANTS were seen nj the home of Hi
jino. but not in company with Sayas
after they left brownsville.
SayaS was seen IN a car. going down
the river that aftrrpnon. but hiS two
companions could not he identified. Mr.
Galbraith also questioned the testimony
a. 10 the tracks. pointing out that
Tomas CiSncros and other witnesses hHd
testified that IL rainrd On Tuesday MORN
ing and that such a rain would have
obliteratcd tracks in the sand. lie also
mentioned the testimony Of v. l.. Conrad
A. "a the current of the river. declaring
that body would never have been ear
ried lIp the river from the point where
the tracks struck the stream To where
the body was found.
Mr.. t:aIbraith challenged the state 70
clear M the point n ~ how James
Wer5i~ki secured the pistol. and John l.
kleiber. prosecuting attorney for the
ease. sgnified his intention of attempt
ing 10 ~ 80 this afternoon in the clos
trw arwttrrapt Fnr ~fnfsa