Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-06-08
PRESTON GOES FREE
The Evidence Fully Substantiates the
Theory Of Self De-
Tense.
Tense.
No Peace Bond to be Had for lail-An
Able Opinion by Squire
Ortiz.


In the preliminary hearing OF John
Preston for the killing OF Lee Lail, the lot
jumper Mt san Pedro, the examination Of
witnesses was conCItrd before Justice
Ortiz yesterday afternoon. Early in the
day Mr.. Harper and Bush testified on be-
half of the territory, their evidence being
very favorable to the theory OF sell de-
Tense, and in the afternoon the witnesses
for the defense, MCsSrs. l.aSScn, Sugar,
White, and Benton testified ON behalf Of
the prisoner. An outline of IT," evidence
given by most oi these was presented in
these columns Yesterday After mir.
White had concluded lis testimony,
which brought out the TACT that l.ail WAS
very bitter i'll drnuncing and threaten
ing to kill Preston il he did not leave the
lot on which he, Preston, was authorized
to locate by the citizens committee
NJ. &. Benton WAS called to the stand
He was acquainted with both parties
Lail had asked him to try and settle the
case for them. Lail had told witness that
the property belonged to some people in
Albuquerque and that he, Lail, was going
to hold it or die in the attempt. I.ai adj
mitted to witness that he had run Pres
ton off the ground twice Preston had
told witness that he intended to defend
his rights and risk his life, if necessary,
in holding the property; that he did not
intend to give it up.
S. Arnold was called to the stand and
said he arrived on the scene of the
tragedy just after the shooting occurred.
He assisted Lail to the hotel, and Lail
told him to see to it that Preston did not
hang for this shooting as he, Lal, was TO
blame; he said he had done wrong.
Witness said he had heard Lail threaten
to kill Preston.
An important bit Of testimony given by
Mr.. Benton was that Preston had applied
to the justice OF the peace at san Pedro
for peace warrant against Lail, but the
peace warrant was not granted for some
cause or other. Lail had said in the
presence OF witness that if he, Lail, caught
the long nosed - $500 on the land
he would kill him, referring to Preston.
Alex Rogers testified that Lail had said
Preston had taken up piece Of land, but
that he, Lail, did not propose that he,
Preston, should occupy it,
Preston himself was then plUced on the
stand. He said that the day before the
killing he was at work on the ground in
question when Lail came up and ordered
him off the premises, saying the land be-
longed to him. "Show your authority to
hold the land and if it is legal | will
abandon it, said Preston to Lail. Lail
then drew a knife and threatened him.
On the day of the alfray, witness said,
Lail rushed upon him, knife in hand, and
applied an apprObrius epithet, at the same
time attempting to strike him with his
first, whereupon Preston drew his weapon
and fired at lail. Preston said also that
he had prior to this time applied to
Squire Barton, local justice of the peace
to have Lail placed under peace bonds ;
that at the time of shooting he was afraid
Lail intended to kill him and he fired the
fatal shot to save himself. Defendant
said he saw pistol in the hands of de-
Harry Harper was recalled by the
defense and said he did not see any pistol
in the hands of Lail. J. d. Bush also
said that so far as he could state Lail did
not have any pistol at the time of the
tragedy. Alex. Rogers, being again called
to the stand, said he was among the first
on the scene of the afray and
saw no weapon save the one
held by Mr. Sugar which he had taken
from the hands of Preston after the shoot
ing.
When the evidence was in District At
torney Twitchell moved tho court to
order the prisoner held over to await the
action of the grand jury.
Judge Downs, attorney for Preston, re-
ferred to numerous statutes and claimed
that his client had acted strictly on the
defensive. He reviewed the evidence in
detail, holding that it all tended to show
Preston to have acted in self defense and
urged the court to release Preston from
custody
Justice Ortiz reconvened court and an
nounced his decision in the case at =
O'Clock this afternoon, acquitting the
prisoner The justice wrote an opinion
in the case which was complimented by
all who heard it. He reviewed the evil
dence at length and made numerous cita-
tons of law touching them, showing a
painstaking desire at research and legal
philosophy which constitutes the excep-
ton rather than the rule among western
justices OF the peace. The opinion con-
cluded with the words: "This court finds
that the said John Preston did kill Lee
Lail in his own legal and self defense,
therefore this court orders the release Of
the prisoner"
Preston's joy knew no bounds when the
final words above quoted were uttered.
His face wreated with smiles as he said :
81 am honest about this knew my ac-
quittal would come. hated to do it, but
there was nothing else left for me to do
but to shoot. ! am peaceable man.
hear no i'll will toward anybody. My
friends know this, and l have friends
here in Santa Fe and in the camp too, for
| have lived among the people and EN-
gagged in business with them for years,
and have always endeavo red to quietly
attend to my own affairs"
When the court adjour ned Preston was
generally congratulated over his acquittal
by those present.
Military Order.