Imperial Valley press., 1932-03-11
VERDICT
ACQU|TS
COUPLE
Jury Declares MarrOns
Not Guilty In Garcia
Staying.
LEAVE JAIL TODAY
Friends Guard Acquitted
Pair Against Possible
Reprisals.

Reprisals.
Daniel D. Marion and Mrs. Inez
Marion at HOT last night were
declared by jury of four women
and eight men to be not guilty of
the murder December IL of Alberto
Garcia, former chief of Mexican
mounted police, on the Calexico-
Yuma highway three miles west of
Midway Wells.
The verdict was one of the most
smashing victories ever achieved
by defense attorneys in his county,
based as it was chiefly on asserted
facts which were not allowed III
evidence during the eight-day
trial
Edgar B. Hervey, On behalf of
his clients, himself and M. w.
Conkling, associated with him in
defense, thanked the jury after its
verdict had been read by c. w.
Hinderks, acting clerk. 1t was
noticed that neither D. H. Wolford,
representing the district attorneys
office, nor Judge Vaughn N.
Thompson, joined in the thanks.
Although an order for the re-
lease of Mr.. and Mrs. Marion i'm
mediately was sent to the county
Jail, measures for the safety of the
two kept them there until this
morning. Attended by friends
rco1v ta o,,oyJ tI,a,, ooo;,,c+ o,,u
vengeful attack by partisans of
the slain man, Marion and his wife
left the pail this morning for CAL
exico.
Marion had little to say, except
that he was going first to Calexico
10 gather up his belongings, and
then would go north. Summing up
the danger which threatens him
in this county or along the MeXi-
can border, Marion declared there
was no use putting other lives il,
danger because of the tragic feud
between himself and Garcia, which
resulted in the latter's death.
Head Quotes Bible
you can imagine how I feel"
the erstWhile defendant said.
Defense attorneys were elated.
Judge Thompson refused to be
quoted as making any comment on
the case.
There is nothing I can say
now declared District Attorney
Elmer w. Heald. 81 might quote
Job, in the Bible, when he said:
The Lord hath spoken. Blessed be
the name of the Lord But make
it: The People have spoken.
Blessed be the name of the
People
The jury reported its verdict last
night shortly before they would
have been taken to bed by the
bailiff. Interested spectators even
at that late hour made a good
sized crowd in the court room, and
a breathless silence held as the
verdict was read. One young man,
a friend of the Marion family
broke into tears when he heard
the verdict
Several officers were present,
summoned by rumorS which had
been current all day Marion would
never leave the court house alive
if acquitted. He was closely
guarded on his return to the Jail
and there decided it would be more
safe to leave this morning.
The jury had been out since
1887 yesterday morning, deliberat-
ing for II hours and 10 minutes
before reaching a verdict. Yester-
clay afternoon, on their only trip
out of the jury room except for
lunch and dinner, the jury viewed
the car in which Garcia was riding
at the time he was killed.
Wanted All Evidence
One juror, after the verdict had
been returned, commented the ac-
quittal was made chiefly for the
reason defense evidence dealing
with asserted threats by Garcia
against Marion, and with Garcia C
alleged bad character, had been
excluded on motion of the district
attorney and sustained by ruling
of the court.
The jury believed, according to
this one, all evidence in the case
should have been presented, and
each juror entertained a reason
able doubt as to the guilt of Mar
ron and his wife because defense
evidence was excluded.
What the nature of this evidence
would have been was told the jury
in Conkling's opening statement
and by adroit questioning Of wit
nesseS during the trial.
The trial was one of the most
dramatic in the history of court
procedure in Imperial county. II
had its inception when Garcia
driving to Mexicali to confer with
the Mexican governor, was shot III
the back and side of the head by
Marion, from the rumble seat of a
car driven by his wife. Garcia was
on his way to conference with
the governor, who had summoned
him in an effort to iron out ranch
ing troubles between Marion and
Garcia.
International politics were only
a little way below the surface dur
ing the trial, and would have been
brought out but for Judge Thomp-
sons ruling excluding evidence Of
fered by defense counsel in SUD-