Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-11-04
rHE SoTELDO MURDER TRIAL
Acquittal Of the Accused.

Acquittal Of the Accused.
Inc Trial or Augustus c. Soteldo for the murder
OF A. NJ. Soteldo on February 9 h last was con.
ciuded In the Criminal Court, Judge wylie, yes
Ierday after our report closed, and 1t resulted In
MI: Mitchell. for the defendant, closed his arpu-
| meht at 81 O'Clock, and District Attorney Cork
| O'clock. ~ " WV
Judge Wylie's Charge.
Judge Wylie proceeded to charge the Jury Re-
| Ierrlng TO Tue natural ties existing between the
accused and the deceased, he said 1t is out of the
question that the prisoner attempted to Kill his
brother II he fired that shot all It was intend
| ed 1or Barton, and not for his brother: and they
must look at Il as II Barton had been shot and not
A. a. NJ Soteldo. In killing his brother the prisoner
| IS guilty Just as much as II Barton had been
killed. The law does not allow man to be slain
| ana say the slayer is not guilty The first Ques-
| llon for the jury was. who fired the fatal shot?
| ana II they are IN doubt whether the shot was
reu py barton or the prisoner, the benerlt Of the
godot g.d should oe given the latter II they should
| might be convicted of murder or manslaugh ghter or
| acquitted on the ground OF excusable homicide.
| JUDGE wYLIE on NEWSPAPER LIBELs.
| "Now," said the Judge, "you have before you the
fact that certain publications were made I'm the
Republican newspaper and that Mr. Barton was
The managing editor OF that paper. These publl-
callons nave been read to you and they are mani
Iestly publications that were calculated to sting
|
entrey callous to public opinion and regardless OF
ms Standing In his own family; they are examples
OF OF tne license OF the press No man ought to dare
10 insert such libelous articles those In regard
10 any other man and no decent newspaper ought
10 publish such articles Newspapers have now
adayS several editors, often some responsible for
one lne OF editorial matter and others responsible
Ior other lines; besides that they have reporters
and correspondents, and it is very dicult to learn
who is the party who has assaulted the reputation
or cltlzens by an article which appeared In the
ne,Wsspapers news % The public by reading something in
| fhntf
OF credit than what they hear ON the
streets Because 1T is printed in a
Iency and weight with the public. While 1t is
almcult TO account for that fact, yet notorious
H Har ana lioeler, whose word on the street would
uo 10 harin 10 NOBODY, writes out the same libel
| and puts 1t In a newspaper 1t would destroy the
peace OF family and do serious injury to a repu-
tatlon That is an unreasonable thing, but never
less it is so. Newspapers however, 1 am led TO
Deneve are becoming so reckless, SO regardless of
Rfopriety OF truth and decency-msny OF them
to disregard their opinions altogether and unless
reform takes place they Will have no influence
the newspapers; they are valua BILE, and suppose
as 10 opinions we must always have them. too but
c,eS ap1 'he tme VIII come when the ndeeen-
VIII have no more effect upon public
opinion than the same character of thing
the street 1 do know and say 1t with great
pleasure that there are gentlemen I'm connection
with the press, some OF whom are within my eye
now, who are an honor to that profession,
| and would be an honor to any profession: of
course the papers edited by gentlemen OF that
KIND are not included I'm what have said. am
only referring to papers of different kind. The
Republican paper 1 do not mean to denounce at
said against any reference OF denunciarion OF
that that paper as general thing; but do say this
nr,ass much in ,n regard h to those two particular
any paper ought to have inserted and circulated.
Sometimes articles OF that kind get into paper
inadvertently. However, undoubtedly those two
articles were the origin of the difficulty.
Mr. soteldo and his brother proceeded TO
the Office or The Republican, on the night In ques-
| ton and showed certain papers to Mr. Barton.
There was no question about their being pub
lished: they We're In the nature OF counter
the author OF the articles. No doubt the object In
teldOS mad IL In their power to retaliate."
THE COURTS VIEW OF THE TESTIMONY
Judge Wylie then went over the testimony rela-
tive to what transpired in the room when the So
teldos first entered and the subsequent events
In the courts opinion the blow given by Soteldo
was no justification to Barton to draw his pistol
II Soteldo had been killed by Barton, in view OF
these facts, he should hold him guilty OF man
slaughter. II Barton had prepared himself with
arms and provoked the quarrel by these articles
he might be held guilty of murder. There is a
little difference in regard to the last testimony
Therei is no evidence In this case except Bartons
himself 1t was fortunate for Barton that his pis-
tol would not go of. There was no proportionate
degree OF provocation to lead to Barton drawing
standing at a little distance looking on at the
quarrel going on between Barton and the deceased
saw his brothers life attempted by Barton, With
out Justification The brother standing at little
distance, commenced to fire. One shot killed his
brother. He was assuming the shot was fired by
the prisoner at the bar. Is brother to stand by
and see his brother slain without Justification and
prOvocation without attempting to defend him
How is he to act under these circumstances In
slant action is necessary; another instant and it
may be too late. The law allows any one related
against whom felony is attempted to resist 1t,
N N Ia daafh nP Z fhn
tempting the felony.
II the jury believed from the evidence that the
assault In the first instance Barton as one not
calculated to do him any serious harm, and that
Barton seized on that excuse to take the life
OF the deceased his enemy, that he had prepared
beforehand Tor this interview, 1t was for the fury
to say whether the prisoner was guilty OF murJer,
manslaughter, or excusable homicide. II they
found the defendant acted only when he thought
the life OF his brother was I'm danger he should not
complain II they found verdict OF not guilty On
the other hand If they found the two SoIeldos
visited the Onice armed with deadly weapons for
prisoner fired the Shot, then he was guilty of man
slaughter at least Ii they went there TO Kill Bar
ton. then 1t was murder: but II they only went
there to compel the cessation OF these attacks,
might ensue, then 1T is only manslaughter. II the |
deceased had been killed, through his own i'm |
slaughter, nothing more.
A Verdict OF Not Guilty.
At 4:45 the jury retired and twenty minutes |
later returned with verdict OF not guilty, which
was received with applause. |
Judge Wylle complImented the Jury upon their |
attention and Intelligence.
Mr. Taggart called up the case OF A. c. Soteldo |
charged with assault with intent to KIN Clarence
NJ. Barton, with the view of fixing bail.
Mr.. Mitchell contended that a nolle proseuui |
should be entered in the minor case, as 1t was |
merged in the major case
The court said he would agree to compromise |
and accepted Soteldo's personal recognizance In |
the sum OF 81, goo
Soteldo then left the court with his friends ana |
last evening held quite levee at WIliards hotel
s0TRLDo TO GO 10 SOUTH AMERICA.
A. c. SOteldo is at present at WIllard's with Mrs
A NJ. Soteldo and her brothers. He will, when |
the assault case pending against him is disposed
OF, 90 with them TO Cincinnati, and go hence to |
Panama, to join his father. One OF the counsel |
for defense said to-day that he thought Judge |
Wylte'S charge would hang Barton.
Mr.. CLEMENTS VIEW
Mr.. j. B. Clement, Sotedo's brother-in-law, said
to STAR reporter tnat the family now desired to
close the volume of the sad tragedy. The greater |
case had been disposed OF and they waited now
for the district attorney to do act OF justice and
nOtle Dr0SeQut the assault case. He did not think
that the family wOuld do ANYTHING in the matter