, 1935-05-22
MOTION FOR
CONTINUED from Page One

Brown. assistant district attorney
who aided In the prosecution.
Brown stated that he had heard
the same rumor. but that he had
been unable to verify II.
Plainly irritated. the Judge thth
stated: What's the matter. doesn't
anyone care about this case?"
tRumors have been current here
that the defendants we're being kept
under guard In the jury room OF the
Cameron county courthouSeJ.
The Judge followed the line on
questioning no further.
After clearing away the civil case.
the motion 70 arrest Judgment was
taken I'D. This motion. based on the
contention that Alfredo Garcia on
San Benito. who "a on the grand
jury which returned the Indictment
against the officers. would have a
far reaching effect Is sustained. III
the Judge quashed the indictment
on these grounds. IL would open the
way for similar action on every case
tried at the past term Of criminal
district court here.
Born I'm Mexico
Garcia was called tc the stand.
testifying that he was born In Mex
leo and that he has resided IN San
Benito since 1908. The only steps he
has taken to become an American
citizen. he said. was the filing Of an
application about a year ago. Gar
cia also said he was on the grand
jury which indicted Collins and Cav
nzoS. but added that he voted against
the bill.
With II. r. Yates doing the ques-
tioning. defense counsel then pre-
sented testimony to prove that II did
not have knowledge Of Garcia's citi-
Eenship until after the jury was DE-
~liberating Friday night.
Collins Takes stand
Defendant Collins was the first
To take the stand on this line OF
testimony. He testified that he heard
A rumor concerning Garcia'S citizen
ship two. or three months ago. but
that he told no one about ~.
Friday night while the jury vas
out, the witness said. an immigration
officer told him NJ the federal
building that Garcia was a Mexican
citizen. The immigration officer told
him. Collins stated. that Garcia mac
asked him how 10 become an Amerin
can citizen. Collins then went into
the district clerks office and veri-
fled the fact that an Alfredo Garcia
had filed an application for citizen
ship January 10. 1884.
The customs patrolman also teSti-
fled that he had gone before the
state grand jury and asked that II
return an indictment against him
lie told the grand jury that he had
been given an enormous amount OF
u~nfavorable newspaper publicity.
the officer said, and he wanted the
matter cleared up.
Defendant Cavazos testified he
first heard of Garcia'S citizenship
Friday night while the jury was out.
Defense ~counSelerS Carlos q. Wat
son. .. T. Gill and III. T. Yates also
testified that they first heard OF
/ the citizenship matter either Fr1-
day night OF Saturday morning.
This completed testimony m the
motion to arrest judgment and quash
the indictment. The judge did not
rule on the matter at hat time.
however. and began hearing evidences
on the motion for new trial.
Yates outlined the allegations IN
this amended motion and testimony
got under way. Harry Helmke. Bor-
der Patrolman, was called In connec-
ton with the allegation that q. l.
Wheelock. a juror In the case, had
formed an opinion prior 10 the trial.
He stated that Wheelock. In Edel-
stems store here. told him that ne
(Wheelocb did not see how Collins
could continue aS N customs off,
Ger while the charge stood against
him.