The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-01-19
THE OTERo MURDER.
Trial OF Juan Fornaudez Gonzales-
Charge Of Judge Giibers, ana Verdict
of Gufley. Ete, ft


OF Guilty, ETC.
In charging the jury judge Gilbert showed
that it had been proved that 0tcro was dead.
The next question was, whether the murder was
committed or not. In this case all the surround
ing circumstances showed that this was murder,
without any p,tlliahng circumstances. The only
litipating question is who committed this act
II Is impossible for the prosecution to produce
direct evidence If The commission of the act.
The law does not require in circumstances OF
this nature direct evidence And this does not
conflict at all with the duties imposed upon the
jury. All they have to do is to act on the con-
vlction produced in their minds by the facts be-
fore them.
Many cases of wrong convictions upon direct
evidence are on record; the Jackman case is an
instance in point. The law admits this eircum
stantlM evidence-which is sufficient; all the
jury have to do with is the evidence which has
been laid before them. What is the evidence ou
both sides p? 1t is wholly iminaterial which of
these consprators-if a conspiracy there was
struck the fatal blow. On the Wednesday even
ing Otero Gonzales, Pelhcer, and Vela lett the
Hotel de Cuba. On that point there seems from
the evidence to be no doubt. The next step in
the transaction Is the testimony of the con-
ductor OF the car. On the question of personal
identity you are to exhibit great care. The wit.
ness Phillips swears positively as to the
identity of these men. What are the other
means OF identification? In the first place there
are the gloves OF Pellicer.
Then they find him, with Gonzales, taking
lodgings, on this day OF the murder at the Hotel
de Cuba, and taking rooms at No. 2l7 Centre
street, at ten o'clock the same night. An these
facts are to be taken into consideration. These
razors and this dagger we're taken from the
room OF Vea and Pellicer. If Pellicer was
there, 1t would seem that he took them from the
room. Vela says that when they left the Hotel
de Cuba he went to and renamed at the St.
Nicholas Hotel until nine or halfpast nme when
he returned TO the Hotel de Cuba. Ii is con-
tended by counsel for the defense that Pelicer
bid Gonzales Good night when they came out,
Thnf rnA.N N.n-.
identity of the latter. But Gonzales and Pellicer
are seen together at ten o'clock that same night
at the house in Centre street.
How came they together again so soon? As
to the possession Of the drafts-they we're not
negotiable and yet counsel for the defense con-
tends thet OteTo gave them to Gonzales Tor safe
keeping in case they should be lost, when # they
had been lost they would have been useless
without the indorsement of Otero. The Jury
would say if the conversation in the Jail came
from trustworthy source, and act accordingly,
Although the prisoner is a stranger here the law
treats all alike; and it the jury we're satisfied
that he had committed the murder, the fact that
he is stranger here should not have weight in
rendering verdict. They would, at the same
time, give him the benefit of any reasonable
doubt.
The jury retired at quarter-past three o'clock,
when the Court ordered a recess of halt an hour.
The spectators, who had listened to the speeches
OF counsel and the charge of the Judge with
unusual quietness, took advantage of the respite
pure air Of the corridors and Railways Of the
Court House. The prisoner did not leave the
ourtroom, but was conducted to a seat near
window ON the left hand side OF the Judges
bench. de was placed In a position where he
faced the assemblage, and he looked around
from one part of the room to the other and to
the SPECTATOR gallery, as unconcerned as If he
were merely soectator himself
While he was thus waiting for the verdict the
window of the courtroom nehr whaea la sai.
was open; near this, divided by an area of ten
feet, was building, in which is ladies' gymna
sium; in the latter place some person was play
ing some very select music on a piano. winch
attracted the prisoners attention and seemed TO
afftrd him some relaxation from the terrible
orde al through which he was passing. He lis.
tened attentively. and seemed to disregard all
else that was Transporting around HIM, at times
by his demeanor, seeming to catch the strain of
some tavor1te air. AT length it was announced
that the Jury were coming into court, when all
present were by degrees hushed to silence The
fact was communicated to the prisoner through
an interpreter, when, by request OF one OF the
officers of the court he resumed his seat by his
counsel, who by this time had taken their seats.
The Jury by this time were coming into court
and when they had taken their seats, the audi
ence seated, the Clerk of the Court, by order of
the Presiding judge called the names OF the
jury.
Clerk-Gentlemen of the jury, have you
agreed upon a verdict ~ .'-.
Foreman (W. G. Goddard)-We have.
Clerk-How say you? Do you find the priso.
ner at the bar guilty of the crime of which he
stands charged?
Foreman-Guilty.
Clerk Gentlemen of the jury, you say you
find the prisoner at the bar guilty of murder in
the first degree. and so say you all?
The jury was then po1led, the Clerk of the
Court calling each individual by name, when
the Jurors and the prisoner stood up, and the
verdict was recorded.
The District Attorney then m.de motion that
the prisoner be remanded for sentence.
The Court-The officers will take the prisoner