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

Holding that conflicting testimony
left a reasonable doubt as to his
responsibility for the death or Miss
Nina Clark. Judge Jesus Rojas this
morning ordered Dee Ham, Weslaco
youth, held for trial.
Ham will not be admitted 10 bail.
as according 10 the laws or Mexico
a punishment Of from s to 20 years
imprisonment may be assessed for
conviction OF the OffenSe with which
he Is charged.
II conviction carried a penalty OF
less than five years IMPRISONMENT.
bail would be allOWni.
An appeal TO the highest tribunal
OF the state OF Tamaul.pas az Vic
toria was Immediately entered BY
attorneys representing Ham.
The testimony which has been
given In the preliminary nearing be-
fore Judge Rolas will be- reviewed
by this court. and a decision may
be expected by the middle OF next
week, ~ was thought in Matamoros
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 the
death Of Miss Clark.
In Matamoros this morning 10
was thought that the actual trial
would get under way some time
next week. In event. the higher court
Sustains the ruling OF Judge Roias.
HAM Is MOVED
BY COURT DECISION
When Dee Ham was told by Judge
Jesus RotaS OF his formal arrest
which alleges Ham TO be the per-
son responsible for the death az
Miss Nina Clark. Hams face be-
came drawn. tears rolled down MS
checks and he bowed his head.
When askd by the Herald repre-
sentative what he had to say, Ham
declared. II will have to talk
through my attorneys, and I have
nothing more To say"
Cross examination Of the witnesses
In the case was conducted this
morning by Judge Jesus Rojas. Dam
iel Olivares. Rio Rico chief of poll
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 ara
parked In Rio Rico. preventing any
body from leaving the place until
after the Special Investigator had
arrived. tending TO contradict Miss
Holl0way's testimony that she had
left with her escort after the shoot
ing and gone 10 another cafe.
Under direct questioning by Judge
R0jas, OlivarGS admitted that the-e
we're women within the enclosure.
which testimony EOeS not agree with
that of the night Waterman Rcg-
eric Olivarcs. who contends that
there was nobody inside the enclos-
ure or In the car that were parked
there when the scuffle between de
Ia Rosa and Ham took place.
Chief Olivares stated that after
the shooting he had asked persons
II anybody had witnessed the shoot
ing. and that no n had answered.
him affirmativelv.
DR.. r. +. Bolvn OF Wesla-o was
cross examined with Arnulfo de Ia
Rosa and to direct questioning by
Judge Roias stated that he had
seen de Ia Rosa strike at Ham but
that he could not say what de IN
Rosa held In his hand. DE I'm
Rosa denied the testimony OF DR..
Bolyn.
Dr. Bolyn was also cross examin-
cd with Rogerio Ollvares, the
night Waterman. and he declared
that he could not identify the man,
that he had not seen Olivares 20
to the aid of dc La Rosa. and that
he stood b. hts former statements,
Olivares declared that he did not
see DIR. Bolyn around and that me
did not 20 inside the dance hall
after the shooting.
SO far none of 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
nesses disagree in one point. de la
Continued on page 81