Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1893-06-19
THE BORREGO CASE.
A Cause CcIebre Finally Called for
Trial in the District Court
Challenging Jurors.

Immediately after the reading of the
court minutes of Saturday, the case of
Francisco Gonzales y Borrego for the
killing of Jose sylvestre Gallegos was
called in the district court this morning.
District Attorney Crist and Hon. H L.
Waldo appeared to prosecute and Hon.
Thomas B. Catron defended the accused.
It will be remembered that, in Nov
ember 1888, Francisco Gonzales y Borre-
60 was elected chief of police and county
coroner; and about October, 1889, ten
d. red his resignation on the ground that
there was no adequate compensation at
tached to the Office. The county COM
missioners refused to accept it. 1t is
alleged that the resignation was returned
officially and destroyed by Gonzales. On
Thursday December rs, the board voted
to accept the resignation and appointed
Jose Ortiz Baca in place of Gonzales
Borrego, who did not then care to resign.
The new appointee filed his bond and
oath and demanded the transfer of the
office. Gonzales refused to comply and
continued to exercise the duties of his
Office. Ortiz Baca was advised that he
had a remedy at law If he chose to contest
the case.
On December 20, 1889, the two men
met at dance of Lowitzki's hall. Con-
versation relative to their respective
claims ensued, and Jose Sylvestre Galle-
Cos, ex-chief of police, came up and told
Gonzales that he had better surrender the
Office, which the latter refused to do I'M
less advised by the district court. At this
point Gallegos accused Gonzales of not
paying his debts, saying he, Gallegos had
$500 of Gonzales notes which he would
insist that they be paid and invited Con
zales outside to show show much a man
he was"
They were standing near the door and
Gallegos caught the other by the coat
and pulled him out, after which coufu-
sion reigned, and Gonzales claims that
Gallegos struck him in the face twice
with his clenched fist. Justice Martinez
and Melton Castillo ran out to preserve
peace. and by this time Gonzales had
received third blow from the same
source; and number of men were trying
to get hold of him. Justice Martinez
had by this time led Gonzales a little way
out of the pressand was demanding peace
when he dropped his overcoat. There
was surge Of the crowd. Gonzales was
pulled away from his grasp.
The accused then drew his revolver and
three shots rang out. Gonzales claimed
to have been struck three times in the
face by Gallegos. He said next day II
could not see Gallegos' face. He had
blnckened both my eyes and they we're
swollen almost shut. I could see his body
coming toward me and hear him talking
loudly and shot in the direction of his
voice! did not shoot until thought it
necessary to protect my life."
z Gonzales first shot killed Gallegos in
stantly, A second was fred from the
same pistol. Then Constable Thomas
Smith wrenched it away from Gonzales.
A third shot was also fred in the melee
which grazed Smiths thumb, and which
Gonzales thinks wounded Melton Cas-
tilo.
A judge and jury will now decide
whether or not Francisco Gonzales y Bor-
rego is guilty of murder or whether he
fred the fatal shot in self-defense.
The case is attracting considerable at
tention. Gov. w. T. Thornton occupied
a prominent place within the bar this
forenoon. G. H. Gildersleeve and others
were there. MIR. Gildersleeve during the
first hours of the trial asked Mr.. Catron
If q jury would be chosen during the
week. The latter responded that all the
Democratic party leaders seemed to be
kal to 10 NJ
Glldersleevo said ''may be they supposed
it their duty" whereupon Mr.. Catron
asked why it was not their duty to take
as much interest in other cases.
When Mr.. Crist opened the case he was
faced by the following panel:
Jose Encarnacion Mestas, Luis Vigil,
Acaclo Martinez, Dionicio Lobato, Felix
Vigil, Paz Lujan, Cosme Roibal, Floren-
clio Duran, Fred Wientge, Auastacio Roi-
bal, Benedicto Montoya and Pedro Jime-
nez.
The prosecution is engaged in chal-
longing tho regular panel for cause, MAX
ing special point on the question OF
property qualification as set forth by the
old law and the statute of 1893, making
an exemption of property to the value of
made that any one who owns less than
5000 and is therefore exempt from taxa
ton is ineligible to serve ON jury. The
court refused to pass on the point until
the examination of the regular panel is
completed. 1t IA an interesting point and
the opinion of the bar is divided. Most
of the above mentioned jurors have been
challenged on this ground.