Imperial Valley press., 1923-03-24
. KILL NE
now CRIES
A. MENOEz
Accused Murderer Wants
Life Taken to End
Ordeal
DEMAND ACQUITTAL
Court Denies Petition to
Return Verdict for
Defendants

Standing in the courtroom yester-
day with arms outstretched. Alvi-
no Mendez, on trial with Marano
Cazares for the murder of Mike
FOrnaserO, cried out in Spanish,
Give had enough of this and don't
want to hear any more, If you want
to kill me, do it now and have it
over with Dep. Sher. Sterling and
the mans attorneys quieted him
and then he Immediately re.
sumed the pose he has maintained
since his arrest two months ago,
sitting stiffly in his chair with
his head bowed down and his eyes
riveted on the floor. Sheriff Gillett
was testifying at the 'tme, and al
though Mendez understands little
English, he evidetnly knows quite
enough to follow the line Of the
sheriff s testimony.
Causes Misgivings
The demonstration surprised all
in the courtroom and for moment
attaches of the court feared there
might be nasty results from it as
Mendez has many friends in at
tendance at the trial. In addition
to the regular baliffs and
the deputy sheriff guarding the two
prisoners, other precautions have
been taken to keep an eye on spec
tatOrs who might be interested in u
movement to help the accused men.
and there are plenty of armed men
near by to frustrate anything un.
lawful that might be attempted.
Following as il does Mendez's
previous attempt to commit suicide
at the Jail by cutting his throat,
and later being caught, in the act
of attempting to escape through tbs
roof of the Jail his dramatic action
of yesterday indicates that he is
indeed weary of the proceedings.
Contrary to expectations Judge
Conkling decided to hold court this
morning and notified the juors 10
be on hand at $3.50 when court
adjourned yesterday afternoon. The
prosecution closed its side of the
case yesterday though it NAV be
reOpened to recall several witnes-
ses.
The defense opened this morn
ing by calling DIR. F. w. Peterson,
former county coroner, to the stand
who repeated the testimony he gave
yesterday rs a prosecution witness.
Again Identifies Cazares
Following DR.. Peterson, Mrs. For.
nasero was again called to the stand
and once more positively identified
Cazares as one of the men who
attacked her the night her hus-
band was murdered. Attorney
Kinds, counsel for Cazares, cross
examined Mrs. Fornasero in an ef-
fort to shake her Testimony but
she was most emphatic in her state
ments that Cazares was the man.
Attorneys Randall and Miller SUBJ
mitted petition to the court ask
ing that the jury be instructed to
return verdict for the defend.
ant on the following grounds:
/. That the evidence offered by
the state, introduced and admitted
rs evidence by the court is insult.
ficient to warrant conviction.
2. In particular the state has
not proven all the material alle-
cations of the indictment.
B. That the testimony of the two
"infants is hopelessly impeached
under the cross examination and is
shot through and through with the
"ear marks" Of having been coach.
ed by other persons.
4. That it appears from tho ev-
idence of the people that the real
perpetrators of the murder are
positively identified as other per
sons than the defendants or either
of them and said guilty persons
have been located in Mexico.
Court Denies Petition
The court denied tho petition.
The third statement mentioned
above is in line with the examina.
tion of A. B. Robbins, criminal in.
vestigator of the district sttorn
eys' office Yesterday afternoon and
this morning. The defense attor-
neys sought to indicate that the
description of Cazares had not been
original with them, but Robbins
stuck to his story that the descrip.
tion had been given to him by Joe
and Paul Fornasero.
At noon tirnc the court adjourn
cd until Monday morning A. ~