, 1935-05-19
DEPUTY GETS
CONTINUED From Page onel

CONTINUED From Page Onel
II appeared for a while that the
Jury, made up of four BROWNSVILLE
men, three from San Benito, two
each from Harlingen and Mercedes
and n from Port Isabel, was hope
lessly deadlocked. The jury, headed
by Harry M. Rouse OF Mercedes. re-
ceived the case shortly before 3 p.
m. Thursday after listening TO a day
and a half Of testimony. That night
the group requested that testimony
of Mrs. Eva Cavazos de Perez and
her father. MERGED CavaZos, be re-
read. but the court reporter was
gone for the night and the testl-
mony was not re-read until Fri
Gay morning.
Conflicting Testimony
This testimony was in direct con-
flict with the defense theory hat
Onvares was killed by smugglers on
whom he had informed after the
Officers left the vicinity Of Santa
Maria.
AT $40 p. m. Thursday the jury
reported that 1t was hopeleSSly
dtadlccked and that no agreement
was in sight. The jurors, who ap-
peared weary and irritated, re-
ouested that they be discharged.
Judge Atwell, well known head OF
the federal court in Dallas who has
had only three or four hung jurieS In
his Ia wears on the bench, told the
men that he could not grant their
wish. !.
Twelve men Of your sort must
determine this case" he said This
case Is purely a jury question; g
out and solve it." the judge told the
group. "A hung jury Is an attack on
the ability Of people TO rule them
selves" the Judge said, adding that
his words were not well chosen but
that they. conveyed MS meaning.
The Jurors then filed out and re-
'ported back with their verdict about
10 a. m. Saturday, holding Collins
and Cavazos guilty Of murder With
out malice and finding Perez not
guilty.
Defense counsel Immediately
moved for a new trial.
The Jury which was out A hours
IN reaching its verdict was made
up Off Harry M. Rouse, foreman.
and o. w. Stone, both Of Mercedes;
n. w. Pitts, j. p. Putegnat, O. l.
Wheelock and w. b. Clint CT
brownsville: Marcus Norvell, A w.
Polzin and o. T. Cause OF San Ben.
ito: A. Goldammer and j. B. Cooke
OF Harrington and r. B. Nunally Of
Port Isabel
Officers Deny Beating
The lines Of testimony in the case
were in direct conflict as to wheth-
ar Collins attacked Olivares and
AZ 10 the condition Of Olivares and
Dionicio Hernandez, his companion,
on the night Of the fatality.
The officers emphRtically denied
the assertions OF four state witnesses
that they saw Collins attack the
younr Santa Rosa farmer. The Off
GERS further claimed that Herman
dez was very drunk and that OIL
wares was suffering from a hang
over" This contention was denied
in states rebuttal testimony.
The testimony agreed as TO the
following: Collins stopped OlivareS
and Hernandez about 8 p. m. night
~ the murder. Dec. Is as their car
was nearing the highway west Of
santa Maria; they were questioned
about q load Of liquor, and Olivares
finally tcld Collins there was liquor
at the nearby home Of Rosalino
perez: that Collins, Cavazos and
perez left Hernandez at his car. and
took Olivares to the home Of Rosa
limo Perez; there they questioned
Rosalino Perez and Jose Cavazos and
finally left for La Feria, leaving OIL
wares, the deceased. In q field near
che perez farm; In La Feria the
roun talked to Deputy Sheriff Z.
M. Yznaga and went to the Yzna-
IN ranch near Santa Rosa to talk TO
Antonio Belmares: the group final
~ returned to Santa Maria with the
officers coming on back to Browns
Vile.
Olivares at the Perez home denied
the story OF the liquor. saying he told
fhe story to avoid further punish
ment from Collins. according TO
nroeecuticn testimony. Collins de-
MED the assertions Of purported eve
witnesses who stated they saw Col
lIns attack Olivares ut the Perez
home.
Found Dead In Field
The young farmer was found in
the field the following morning and
nm autopsy revealed he died from a
runtlred liver. Hernandez also
testified that Collins attacked him
ana A q result he was in the hos
rstai at Harlingen for several days
Throughout the trial defense en-