Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-04-24
THE CHAVES MURDER TRIAL.
Difficulties Encountered in Impan-
neling Jury.
Special Venire Issued for Sixty More
Talesmen.

Promptly at 1870 yesterday afternoon
the territorial district court, Judge Ham
ilton presiding, resumed its session, and
the fatiguing work of selecting a jury to
try the defendants in the Frank Chaves
murder case was continued. The after
noon was thus consumed without tangible
results and the Judge ordered a night
session to begin at o'clock.
When the hour of 7 arrived the four
defendants and the jurors in the box
we're brought into court and work was
resumed. At the close of this session,
which was attended by the usual large
crowd of curious spectators, twenty-one
talesmen had been called into the box,
six had been excused by the court as dis
qualified in this case. two had been per-
emptorlly challenged by the defense, one,
,, W. E. Meyers, had been accepted by both
sides, and the examination of one,
Facundo Ortiz, was not concluded. The
latter positively swore that he recollected
very little about the killing of Francisco
Chaves or the subsequent preliminary
hearing of the defendants; did not re-
member reading the published testimony
drawn out at the preliminary examina-
ton; generally knew very little about the
case; had formed no opinion as to the
! GUILT OR INNOCENCE
of the accused and was unbiased and un-
prejudiced. District Attorney Crist, by
a series of questions, undertook to show
that there was purpose and method in
the jurors strange ignorance of the facts
and circumstances surrounding this cele-
brated and much talked about case;
called attention to the fact that he had
known all about cases of minor moment
and greater age in which he had been
called this term and had hence been ex-
cused; did show that the juror had read
part of the preliminary testimony in Ell
! NUEvo MEx1oANo, had talked about the
case with his father and brother, Ambro-
talk about 1t, and was acquainted with
the defendants. Finally the district at
torney asked the court to dismiss the
juror on the ground of general incom-
potency and requested an opportunity to
argue the point. Accordingly the Judge
appointed O'Clock this morning for that
purpose and directed the sheriff not to
bring in the defendants and Jurors until
o'clock.
Messrs. Crist and Catron occupied an
hour and half in arguing pro and con as
to the point raised by the former the
evening before. The Judge intimated
that if the question had come before
him as an original proposition his action
might be different, but under all the cir
cumstances he did not feel justified in
Diminishing for
| GENERAL INCOMPETENCE
a juror who had been accepted on the
regular panel. The district attorney
then challenged the juror on the ground
that he had not been properly summoned,
saying that Ortiz was twenty-elght miles
| away at the time the regular venire was
issued, was not found by the sheriff at
his regular place of residence, and had
come into court without summons other
than from his father who had sent run
ners after him.
Mr.. Catron said that Ortiz was on the
regular venire, had not been interjected
into it, and broadly limited that the sher-
iff did not want to summons him.
In answer to question of the court,
the clerk said that Ortiz had not been
summoned, but voluntarily appeared the
first day of the term and had been &C.
cepted.
After some further examination on the
part of the territory, in the course of
which the juror again disclaimed knowl-
edge of the case, prejudice or bias, and
denied having said to Seferino Rivera
that he knew how to keep off from juries
| If he didn't want to serve, the court
passed Ortiz for cause and the territory
exercised one of its six peremptory
challenges. Mr.. Ortiz then stepped aside.
REGULAR PANEL EXHAUSTED.
About 1880 the regular panel of twenty.
four was exhausted and special venire
for sixty talesmen was ordered.
Mr.. Catron insisted that all these must be
summoned and intimated that he would
see that they we're all in court.
The court then adjourned till 8 o'clock
tomorrow morning. So far nine tales
men have been excused for cause, two
have been peremptorily challenged by
the defense and one by the prosecution,
and one has been accepted.