Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-07-19
Continued from page H.

the SIS following the death Of her
husband. She said that she knew
nothing about the checks given Jes-
ter until recently and said she re-
ceived none of the money nor did
she endorse the checks. Jester for
merly boarded at Mrs. Smiths place
in San Benito, it was brought out.
Mrs. Lloyd TeStifies
The defense sought to prove that
there might have been more than
one Smith with cattle in the Lloyd
pasture. Mrs. Lloyd, however, testi-
fled that there "a only n Smith
with cattle in her husbands pasture
and that they belonged to Mrs. Anna
G. Smith Of San Benito. She said:
Il paid her for the cattle that were
killed myself after the death Of Mr..
Llovd."
Taylor summed up the case
briefly in an argument and urged
that Jester be held and bound yer
to the grand jury.
Yates termed the case as sab
surd" and said it was merely the
efforts of J. B. Scrivener and Fred
Kowalski to get up a case" He also
raped the unknown individuals for
hiring Taylor as a special investi-
gator. He lauded the assistant dis
.trict attorney and said his services
would have been ample in the case.
Jester was not put on the stand.
The little district court room was
filled with officers and spectators.
The prosecution SWore in ten wit
nesses but used only three. The
defense contented itself with ross
examination and placed no witness
eS on the stand.
The charges against Jester were
filed last Sat lay by J. D.. Scrlv-
ner, Cameron county hide and cat
tie inspector, in Justice Of the @eace
Valdetero's court in San Benito.
The case was transferred by agree
ment to the Brownsville court this
Y k.
After Yates had left the court
he became engaged in an argument
with w. F. Edmondson of Los Fres-
nos, on the second floor of the
courthouse.
Edmondson was a spectator at
the examining trial.
The argument became heated as
the two men went downstairs to-
gether and Yates started out the
north entrance.
Spectators near az hand said
Yates shouted back over his Shout
der, You're just prejudiced." and
Edmondson, it was said, came bac.-
with a heated attack on Yates.
At those words, Yates, almost to
the door turned around and started
toward Edmondson, who was stand
ing in front CT the soda pop coun-
ter.
Yates walked directly past him
across the rotunda and picked up q
push broom. EdmondSon moved to
get in close and, according to spec
tators. Yates anticipated the ma
neuver in time to catch the Los
Fresnos man a hard clean blow over
the arm and shoulder which broke
the push broom in the middle. Fur
ther hostilities were halted by Dep
uty Sheriffs Delaney and Jester.
Edmond-on said he was not hurt
"but I am going to file charges in
justice OF the peace court this af-
ternoon."
All departments were closed for
the noon hour at the time Of the
difficulty.
Justice Of the Peace F. L. Kowal-
ski, referred to as one Of the in
stigators in the case at the exam
lining trial Of S. M. Jester, Cam
eron county deputy sheriff, issued
the following statement:
Il hereby M e exception to the
motion filed by the counsel for the
defendant, Jester, that the juris-
diction in the matter lay in the
Pro cSvil-, precinct. 1t is a well
known fact that a magistrate has
Jurisdiction within the limits Of his
county.
Il also object to the motion that
I am the instigator and promoter
Of the accusation. The statutes eX-
prccsly provide the duties of a mag
istrate, that when it comes to his
knowledge that an offense is about
to be committed, it is his duty to
investigate it; that lc shall pre-
serve the peace within his jurisdic-
ton by the use of I'll lawful means
to cause the lest CT the offender
in order that he may be brought to
punishment; that I We fair in hav-
ing til complaint filed with an
other justice after I had ~veSti-
gated the alleged offense.
Il am fighting a lone hand in
this case. 1t appears that the dis
trict attorneys office is an unwill-
ing prosecutor"