Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1931-06-12
APPEAL MADE
FROM RULING
BY DEFENSE
Judge Rojas Holds
Testimony Is Con-
flicting

hOlulng tnag conflicting testimony
left a reasonable doubt as TO hts
responsibility for the death OF Miss
Nina Clark. Judge Jesus Rojas this
morning ordered Dee Ham, Weslaco
youth, held for trial.
Ham will not he admitted 10 ball,
as according TO the laws or Mexico
O. punishment OF from q to 20 years
imprisonment may Be assessed FOR
conviction OF the 0ffenSe with which
he Is charged.
If conviction carried m penalty or
less than five years imprisonment,
bail would be allowR1.
An appeal to the highest tribunal
OF the state OF Tamaullpas at VIC
toria was Immediately entered By
attorneys representing Ham.
The testimony which has been
given In the preliminary nearing be-
fore Judge Roias will be reviewed
by this court. and IN decision may
be expected BY the middle OF next
week. IN was thought In Matamorcg
this morning.
In event the Supreme Tribunal
over-rules the judges decision, Ham
will be- released. Otherwise he VIII
be held for trial on a charge OF
being allegedly responsible for this
death Of Miss Clark.
In Matamoros this morning 10
wa thought that the actual trial
would Get under way some time
next week. In event the higher court
SustainS the ruling OF Judge Rolas.
HAM u MOVED
BY COURT DECISION
When Dee Ham was told by Judge
Jesus RoIas OF his formal arrest
which alleges Ham 90 be the per-
son responsible for the death Of
Miss Nina Clark. Hams face be-
came drawn, tears rolled down his
checks and he bowed his head.
When askd by the Herald repre-
sentative what ne had 70 say, Ham
declared: Il will have 10 talk
through my attorneys. and I have
nothing fnore TO say"
Cross examination OF the witnesses
In the case was conducted thiS
morning by Judge Jesus Rojas. Dam
lei OlivareS. Rio Rico ch1f on pol
ice was the first 70 testify His
main point was that soldiers had
been placed on the gate OF the
enclosure where the guests carS arc
parked in Rio Rico. preventing any
body from leaving the place Slntil
after the Special Investigator had
arrived. tending TO contradict Miss
Holloway's testimony that she had
left with her escort after the shoot
ing and gone to another cafe.
Under direct questioning by Judge
Roias, Olivares admitted that There
were women within the enclosure.
which testimony docs not agree with
that OF the night Waterman R0g-
eric Olivares. who contends that
there was nobody inside the enclos-
ure or in the cars that were parked
there when the sCuffle between do
la Rosa and Ham took place.
Chief Olivares stated that after
tho shooting Inc had asked persons
II anybody had witnessed the shoot
ing. and that no n had answered
him affirmatiyely.
DR.. R. IT. Bolyn Of WcSlaco was
| cross examined with Arnulfo de Ia
Rosa and 10 direct questioning by
/ Judge Rojas stated that he had
seen de ia Rosa strike at Ham but
that he could not say what de ia
Rosa held in his hand. de la
Rosa denied the testimony OF DR..
Bolyn.
Dr. Bolyn was also cross examine
! Cd with ROEuTi0 Ollvares, the
night Waterman. and ne declared
that nc could not identify the man.
that he had not seen Olivares 60
to the aid NY Nv la Rosa. and that
/ he stood by his former statements
I CIiyares declared that he did not
see Dr. BOlyn around and that nc
did not 20 inside the dance hall
after the shooting.
SO far none o. the witnesses
placed on the stand have denied
that Ham was drinking on the
night that the shooting took place
all agreeing IN that respect. Wit
ncsscs disagree In one point, Gle la
Rosa ~contending that he did not
strike Ham over the head with the
gun. while defense witnesses state
that w la Rosa did strike Ham and
that as he did so the pistol was
discharged.
Formal appeal was made this
morning by Cameron County At
torney Marvin R. Hall. and Or. de
Leon. defense attorneys. against
the formal arrest order issued hy
Judge ROias. The formal appeal
was made no the Supreme Tribunal
Of the State OF Tamaulipas nc
Ciudad Victoria. the state capital.
Certified copies Of all the inves-
legations tn the case have been
forwarded TO the Supreme Tri-
bunal which will decide the COM
ing week whether Roias had mer-
It's on which t0 hold Ham. I'm case
the Supreme Tribunal decides that
there ~ no ground for the formal
charges, Ham will be released
Sr. Edmurdo de Tn Cara. Rojas'
secretary forwarded the appeal 10
81. Lie. Luis Gobela de Ia Tore,
\ president OF the Tribunal or SUI
preme Justice of the state on Ia
maulipas. "A decision is expected
Tuesday.
FaFther details MI the trial with
he found IN Para rrwn this fnnffn