Imperial Valley press., 1932-03-10

FATE UP
TO JURY
MarrOns To Escape Death
Penalty AS Heald Asks
Life Sentences.
VERDICT AWAITED
Hard Fought Trial Ends
Just Before Noon After
Long Arguments.

Conviction or acquittal of Daniel
D. Marion and Mrs. Inex Marion
today was in the hands of four
women and eight men forming the
jury which has listened since Mon
day of last week to evidence deal
ing with the killing by Mr.. and
Mrs. Marion of Alberto Garcia,
former chief of Mexican rurales,
December II on the Calexico-Yu
highway three miles west of Mid
way Wells.
Judge Vaughn N Thompson in
structed the jury this morning, af-
ter District Attorney Elmer w.
Heald completed his argument at
10 o'clock, and at 1857 the case
was given to the jurors.
During the rest of the morning
and early in the afternoon anxious
spectators and court room attend
ants crowded the upper corridors
of the court house in the hope
the jury will return verdict to-
day, but the general opinion was
no report will be forthcoming until
some time tomorrow.
Judge Thompsons instructions
followed routine lines, relating to
presumption of innocence, burden
of proof and other like legal mat
ters, and contained the usual
warning that statements made by
counsel in their arguments were
not to be considered by the jury in
the light of evidence
Heald's argument this morning
ford, chief criminal deputy district
attorney, opened the arguments.
His talk was followed by those of
M w. Conkling and Edgar B. Her.
vey, defense attorneys.
During the course of his argu-
ment this morning, the district at
torney refused to ask the death
penalty, expressing his opinion that
life Imprisonment is the proper
punishment for the Marrons, should
the jury believe them guilty.
Rebutting defense arguments yes
terday afternoon, Heald declared
Marron's attorneys had been "trZ-
ing me for two days.. He referred
to charges by defense counsel he
has made every effort to exclude
defense evidence
Woman Equally Guilty
Answering references by Hervey
and Conkling to the lawlessness of
Mexico, Heald declared, More mur-
derers are loose in the United
States today than ever lived in
Mexico"
He followed this by a plea the
jurors do their full duty by the
prosecution as well as by the de-
PENDANTS.
Hervey, earlier in the afternoon,
had asked absolute acquittal for his
clients, at the same time making
the plea the same penalty be i'm
posed on Mrs. Marion as on her
husband, if the jury found any
penalty necessary.
In this light Heald this morning
told the jurors if they find that
Mrs. Marion was present and aid
ed her husband in killing Garcia,
she is equally guilty with him.
This trial has presented a drama
of Mexican political and ranching
troubles scarcely ever equalled in
local court history, and would have
presented still more evidence of
range feuds in Baja California if de-
fense counsel had been allowed to
give the full text of the story they
had prepared.
The court room has been crowd
ed with Mexican and American
spectators, listening intently to e.
cry word of witnesses or attorneys.
No one was allowed in the court
room during the trial who could not
find a seat. and an extra bailiff was
assigned to duty in Judge Thomp-
sons court during the trial.