Carr

Morikichi Suwa, the appellant herein, was apprehended July 12, 1934, a short distance east of Calexico, Cal., on the north bank of an irrigation canal which runs parallel to the International boundary fence between the United States and Mexico and a few feet to the north thereof. The canal at this point was approximately 15 feet wide and the water therein about one foot deep. Close by the point of arrest were two holes in the International fence. The inspector who made the arrest did not see the alien climb through the fence or effect his entry, although he had been on duty for half an hour, but he did state that no one could have approached the canal from the north, without being seen by him. The inspector saw the alien climb the north bank of the canal from the south and found that the alien’s feet and trousers were wet. He also testified that from where he was stationed and from wliere a fellow officer was stationed.it was possible to keep watch over the only two holes in the International fence in that locality; *120 that no one could cross the north bank in that vicinity without being seen by him; that he arrived at his post at about 7:45 p. ni. and apprehended the alien at…