The Evening critic., 1882-11-03
SOTELDO,S TRIAL.


lie Says He will Close the Case To-
Day.
Justice wylio continued tho hearing this
morning OF tho trial of Augustus O. Soteldo,
indicted for tho murder OF his brother, A. NJ.
sotoldo, on tho night of the 9th of last Febru-
ary, at tho Republican ofllce. Mrs. A. NJ. soteldo
and her sistcr-n-law sat to tho one side Of tho
defendant while his counsel was to his front
Tho defense. continued their testimony, no.
calling General II. V. Boynton. Colonel Chrlsty
offered to show by the witness that MIR. Barton
was not tho object OF A. NJ soteldo's animosltyj
but that In his , ne was controlled he
to give public the Star-Route matter and which
reflected upon person who controlled the
Rtpu6liedn, and tho publications came out In
Tho court declined to admit tho ovldence.
Tho defense then announced their case
closed.
The Government, I'm RcbuttaI,
called Mr.. j. Cooper Mcoinn, chief clerk of tho
Health ofIice, who testified that ho know a. NJ.
Sotcldo by sight. He saw him at tho Repu6llcdn
nnS he Of ~ ba be
went there in company with DR.. Murphy, who
said to DR.. Callan that the witness was at tho
Repu6ncdn on the night OF tho shooting. Ho
for he asked the witness, "Who shot mo p
witness answered that 1t was not generally
known, as there were several shots fired.
Mr.. A. Ross Perry, ex-Assistant District At
torney, testified to visiting tho Providence
Hospital ut the request OF tho District Attor-
written by him, MIR. Taggort assisting in tho
composition. Mr.. Soteldo was lying In
ped suffering great pain. Ho was breathing
with tho assistance OF the muscles OF the ab-
domen. The witness did not think him on.
tirely conscious. He said something about
holding court there all morning. In answer
to o question of Mr.. Taggert he lirst said that
ho saw Mr.. Barton have pistol, and then
said that he felt 1t against the back OF his neck.
Cross.examlned: Ho had known the deceased
frr tt.,,n hut I'm nxu IA mn mn md
was astounded when he saw the man. This
statement was written by the witness imme-
dlately after leaving the room, and In tho
building. Mr.. Taggort fully concurred In
what was written, and he had no doubt OF tho
accuracy of 1t.
times. He said first that he saw the pistol In
Mr. Barton's hand, and then correcting him
MIR. John Lyon
testified that ho was acquainted with the de-
fendant and his deceased brother. On tho
evening OF the shooting, In the nolghborhood
OF o'clock, the witness saw both OF them In
front Of tho Lyon House. He saw the de.
fendant first coming from Thirteenth street
and going toward Fourteenth street. Did not
know who he was with. remark was made
as they passed, and then the defendant turned
from toward Thirteenth street in q carriage,
and had Mr.. Tichenor with him. The deceased
got out oi the carriage, ana asked IL there was M
hand. The witness told him that he could not
| shake hands, under the circumstances, and
| walked away, going around to Wolcker's. The
defendant did not meet his brother In front OF
| the Lyon House at that time.
ross.examined: They had been partners in
business, and q suit ensued. Ho merely de-
clined to shake hands.
Redirect: The deceased appeared to have
| been drinking.
| Mr.. Robert Claryoe testified that he was ut
| the Republican once and Providence Hospital;
but objection being made the inquiry hero
| stopped.
Here the Government Closed Its
Case.
| Colonel Chrlsty then read tho publications
| in tho Republican, under date OF January ID,
| 1882, and February o. 1882, which are
| claimed to have been the cause OF all the
Colonel Christy said, II permissible they
would prefer to present their Instructions after
HIS Honor told them to select their own
Assistant District-Attornoy Taggert said
| that It might curtail the argument II the
| Court would intimate what was tho law In the
| case, and at the samo time enlighten tho Gov
ernment, as they had few instructions to lS ask
The Court told him to present them, which
| he did, and they were as follows:
Instructions Asked by the PrOsecu
tiOn.
First-Murder Is the unlawful killing Of {
| human being with malice aforethought, ant
malice includes not only anger, hatred anc
revenge, but every other unlawful and unjus
| tiiable motive.
Second-If tho Jury shall ind from the owl
dence that the killing of Antonio NJ. SoteldC
| has been proved as charged, then any defense
which the defendant may rely upon In Justi
fcation or excuse OF the act or to reduce the
killing TO the grade OF manslaughtor, 1t is In
cumbent on him to satisfactorily establish,
unless the proof of It arise out of the evidence
| against him.
Third-No words, however aggravating, M
| libel however defamatory, VIII justify thu
aggrieved party In rovenging himself b.
blows, and no words or libelous publications
however aggravated, will prejudice the rish
of the person uttering or publishing them 4
defend himself II attacked In consequence
thereof, and If the jury find from the evidenc
In the present case, that the deceased went t
the witness Barton was employed, actuated b.
animosity toward and with the intent to re
venge himself by an assault upon said Bar
ton, whom he assumed TO be tho author OF tn
alleged libel, and that he did without an,
provocation then given by said Barton max
an assault upon said Barton with tho inten
and II the Jury further ilnd that the de
fendant was cognlzant Of the motlv'
went Intent e aa 81 oso hs 4. aa
the deceased, and at his request for tho pur
pose Of aiding and cooperating with the dc
ceased In said assault and that while said as
| sault was In progress he drew pistol and dis
charged 1t at said Barton, with tho intont I
kill or do said Barton some great bodily harm
and missing his aim, infected u mortal woun
upon the deceased, then the defendant
, | guilty OF murder.
Fourth--In considering the case tho iur
| arc not to go beyond the evidence to hunt Il
| doubts, nor must they entertain such doubt
. | as arc merely conjectured or chimerical.
doubt TO Justify an acquittal must be reasoi
able, and It must arise from candid and In
, partial Investigation of all tho evidence In til
: case, and unless II is such that II the sam
: kind OF doubt were interposed In the grave
/ transactions Of life, 1t would cause prudor
/ man 10 hesitate and pause, II Is insumcloi
. TO authorize n verdict OF not guilt
1 II, after considering all tho CIV
! dence, you can say you have an abidlr
conviction of the truth of tho charge, You al
satisfied beyond reasonable doubt and yo
must flnd the defendant guilty.
Assistant District Attorney Taggert made Il
: | opening for the Government to the jury ar
+ | claimed that clear case OF guilt had bee
A made out against the defendant, and that Il
=, | prosecution was entitled to verdict.
q MIR. Christy For the Defense,
Il Colonel Robert Christy followed I'm behalf
K the defendant and argued to the effect that u
!. deceased came TO his death from ball fro
o the pistol OF Mr.. Barton, not that OF tho n
$ cused. Ho pictured the great Intimacy b
. | tween the defendant and the deceased, n
n itrong love existing between them and the
z fort OF tho defendant TO protect his brothe
o He argued that the dying declaration W
o | true, and should SO be considered by the iur
o Atthe conclusion OF Colonel Chrlstys q
/. | dress q short recess was taken and then NJ
q Peter Mitchell began tho closing argume
for tho defense, and was speaking when III
report closed.
Ills Honor previously gayo notice that