The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-01-25
THE OTERO MURDER.
Conclusion OF the Trial OF Salvador, o
Pollicer-Tne Charge OF th
Jury, Etc.

Conclusion OF the Trial of Salvador, or
PollIcer-Tno Charge-VerdIcC OF the
Jury, Etc.
Judge Gilbert summed up the case in an able
and extremely lucid address. He sad though
q good deal of time had been consumed in the
hearing, the questions, both of law and fac a.,
necessary for the Jury TO consider, lay in very
small compass. The jury must be satisfied, hrs,
that Otero was really murdered, which point
" as most conclusive; and next, as TO who were
his mur1erers The evidence on this latter
point was entirely circumstantial; but some
tInes cirt umstantlal evidence was more satis-
factory than direct testimony. How many were
concerned in this murderl Evidently more
than one; and this being so, he must
tell them THAT any one present at the
time OF the murder, and aiding and
abettlng the actual assassin, was equally
guilty with hun, though he might not himself
have struck blow. Now the question was, was
there a conspiracy between Gonzales and the
prlsouer t. perpetrate this crime? Pointing out
10 the iuly the repeated meetings OF Gonzales
and Pcllicer their cnange OF lJdgings on the
day OF the murder, the facts that they we're the
last persons seen IN Oteros company, and that
they consOrted together after the crime had been
committed and together went out to purchase
clothes, which Gonzales paid for with the pro-
ceeds of the murder, his Honor came to the
weapons found in the Park, and asked the jury
to say who could have them there.
Both the razor and the dagger had been traced
inco Pellcer's possession, and neither was shown
to have been transferred by him TO anybody
else. The suggestion of the defense was that II
was Vela who committed the crime; but If the
jury believed the evidence of Edward Eau as to
the time Vela returned TO the Hotel de Cuba,
and the testimony OF Mills as to the hour at
which the body was found, Vela could not have
beeL in Brooklyn when the crime was committed.
They had heard the prisoners explanation given,
through his counsel, OF the part he took In the
affair, and of the manner in which the cuts on
his hands were inflicted.
If in the evidence OF the prosecution they
ind tn off 1ntnfif
| wac their duty to take this corrOboratlve evl
dence into their consideration; but, for himself,
| he confessed he did not see that there was the
slightest evidence to support the prisoners state
| ment. However, If from the testimony adduced
by the prosecution, the jury could construct any
theory consistent with the suppo ,itlon of the
| prisoners innocence, it would be their duty tC
| give that theory the preference over any Other
theory based simply on the assumption OF his
guilt; but 1t was not their business to travel out
of the case to construct fancitul theory, either
to acquit or convict him. Whether there was
third person concerned in the murder or not
| whether Vela was guilty or innocent OF any par
| tclpation in this crime-was beside the ques
| ton. The duty OF the jury was simply to in
| quire whether Pellicer the prisoner at the bar
was guilty or not guilty OF the crime lald to his
charge.
The jury retired TO deliberate on their verdict
| at quarter-past O'clock, and remained absen
| until twenty minutes past 6, when they returned
| to che Court Room. '.-'
| When it was announced that the Jury were
| returning all present resumed their seats, anC
while the jury we're being conducted to theil
| places deep silence prevailed. The prisoner
| who was in an adjoining room, was then brought
| into Court and resumed the seat he has occupied
during the trial. AS he entered he cast his eye:
| down to the floor, and when be resumed his sea-
| he ventured to make casual glance at the Jury
| When the jury had taken their seats the Clert
| OF the Court called the names OF the jury, wher
| the following ceremony OF receiving the verdic
| was then gone through With
Clerk-Gentiemen OF the jury, have you agreeC
| upon a verdict?
| Foreman-We have.
Clerk-How say you? Do you find the pris
oner at the bar guilty OF the crime OF which h,
stands charged?
| Foreman-Guilty. ....
Clerk-Gentlemen of the Jury, you say yoI
find the prisoner at the bar guilty of murder il
| the first degree, and so Say you all?
The Jury was then polled, the Clerk of tn
Court calling each individual by name, and th
verdict was recorded.
James Troy Esq, Assistant District Attorney
| then made motion that the prisoner be re
manded for sentence.
The Court-The officers will take the prisone
! in charge and remand him to Jail.
The prisoner exhibited no emotion when b
was apprised of the verdict, and was taken bacl
to jail in a carriage, under charge of Sherii
| McNamee and two officers. Gonzales and Pei
| licer will be brought up for sentence to-day, a
| 10 o'clock A. Mn. Y. Herald.