Kansas weekly herald., 1854-09-29
From the Santa Fe GaZett
Fatal EselacosEasEre,

Death of F. Y. .fubtuy.-It becomes ou1
painful duty this week, to record a fata
Fencountre that took place in this city be-
tween Mr.. F. X. Aubry and Major r. III
Weightman, which resulted In the deatl
of the former. The facts, within oul
knowledge, we obtain from the witnesses
TO the transaction as they related them, un-
der oath, before his Honor Judge Daven-
port, who sat as the committing magistrate
and therefore may be relied on.
Mr.. Aubry returned from California tc
this city; last Friday, the 18th inst, about
= o'clock in the afternoon, and stopped a
the store of Messrs. Mercurc. AT the
time Major Weightman was sitting at the
South east corner of the Plaza, end seeing
Mr.. Aubry ride up, remarked, that Aubry
had come, and he must go and see him, and
accordingly went down to the store. Mr..
Aubry, at the time Weightman entered the
store, was in the act Of drinking; ihey shook
hands III Il friendly manner, and the former
asked the latter to drink with him, which
he declined to do, and took sea- upon the
counter. A general conversation then took
place between them about the Journey OF
Mr. Aubry from California, which lasted a
minute or two, when Aubry began to talk
about the newspaper called Ell amigo del
Pals, which Weightnan had formerly edited
in Albuquerque.
He asked Weightman what had become
of his paper, who replied that ii had died
for want of subscribers. Aubry then said
that any such lying paper ought to die
Weightman asked him what he alluded to,
when Aubry replied and said: sLast fall
you asked me for information about my
trip, which l gave you, and you after
wards abused me-" Weightnan replied
that it was not so, whereupon Aubry
brought his fist down upon the counter with
considerable force, and repeated, 81 say it
is So" Weightman then got off the coun-
ter, and took In his right hand a tumbler,
about one-third full of liquor and water
which was standing by him, and pitched
the contents into the face of Mr.. Aubry, he
(Weightman) then put the tumbler back on
the counter, stepped back a pace or two and
placed his hand upon has belt. When Au-
bry received the contents Of the glass in his
face, he Immediately drew FIVE shooter
from his left side, and as he brought it up
in front of him, one barrel prematureIy dis
charged (supposed he was cooking it) be-
fore it was ON level with Weightman's
person, and the built went off In the cell
ing.
When Weightman saw Aubry draw his
pistol, he drew bowie knife, he wore in
his belt. They clinched, and before Aubry
had time to bring his pistol down and fire a
second time, Weightman stabbed him in
the abdomen. Near the same time that
the parties came together, two of the by
ISLANDERS seized hold of them, but it was too
late to prevent the mischief, it had already
been done.
NJ Aubry was caught in the arms of a
frie and died in about ten minutes. Dr..
De Leon, Surgeon U. S. A., was called in
but no skill could save him.
Major Weightman went to his quarters,
and when the Marshall came to arrest him
he delivered himself voluntarily into custo-
dy. The case was heard the next day be-
fore Judge Davenport, and he was bound
over to answer IN the sum of two thousand
dollars.