Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-05-23

damages for his detention at the peniten-
tiary.
Without again recalling NOVEL; it was
agreed between counsel that, at time Cat
ron had the conversation with Novel; at
the penitentiary, he knew what NOVEL;
had swornto at the preliminary hearing,
but had personally been informed by MI.
Spiess that NOVEL; had made different
statement to him (Spiess). This was
then given to the jury.
SHERIFF CUNNINGHAM CALLED.
Sheriff W. P. Cunningham next took
the witness stand for the prosecution on
rebuttal.
Mr.. Catron objected to Mr.. Cunning.
ham testlfying because he had been in
the court room all the while and had not
been placed under the rule. The objec-
ton was overruled for the reason that
Mr.. Cunningham was an officer of the
| court.
Mr.. Cunningham then proceeded. He
testified that he had known the Borrego
boys by sight for about ten years and the
other defendants for several years. Gen
orally and in detail he emphatically denied
ever having offered any rewards, pardon
or protection or used threats of punish
ment to induce Patrlcio Valencia to turn
states evidence. He had conversation
in the hallway of the Jail with Patriotic
Valencia soon after the preliminary ex-
animation in the presence of Tailor
Cayetano Garcia. Prior to that talk
Cayetano Garcia came up town and told
him that Patriotic wanted to see him at
the Jail and in compliance with this re-
quest he went to the Jail. Patricio was
then confined in cell with Francisco
Gonzalez y Borrego. Patricio was
brought out in the hallway by Jailor
Garcia, and the witness shook hands with
him and asked what he wanted.
"Patricio then began crying," con-
tinaed Mr.. Cunningham, "said in sub
stance that he had something to tell me;
that something was going to happen in
the Jail and he didn't know who to; that
if l would look IN a certain knot hole in
the Jail would find poison; that Fran
cisco Gonzales had put 1t there, and
asked me to take him out of the cell as
he was afraid of Francisco Gonzales
Borrego. Cayetano Garcia was present
at this conversation"
CARTRIDGES CONCEALED.
The sheriff further testified that at this
conversation Patricio told him that
Francisco Gonzales Borrego had con-
cealed cartridges in crack of the Jail
floor as we'll as poison in the knot hole;
that soon after the poison was found he
| Cunningham asked Francisco Gonzales
Borrego what he was hiding poison for
and the latter replied that sit is none of
your Did busiuess;" that the pack
age of poison, which he identified, had
been continuously in his possession until
he gave 1t to the district attorney for the
purposes of this trial; that he never had
but the one conversation alluded to with
Patriotic Valencia at the jail or elsewhere;
that he had no talk with him at the peni-
Tertiary in the presence of Laureano Ala
rid; that at the request of Valencia he had
been put in cell separate from
the Borrego boys and that to his knowl-
edge they had not since been in cell
together until the beginning of this trial,
whom all four defendants we're placed in
one cell; that since the conversation re-
ferred to Valencia had been treated pre-
cisely like the other defendants, except
that he had been in another cell; that he
never spoke to Valencia about making
any sort of an affidavit; that he never
made promises or threats of any kind to
either Valencia or Alarid; that he had
heard Valencia's testimony about prom
Uses of rewards, assistance, pardons, and
punishment in the event Of testifying
against the Borregos and that it was to-
tally false.
Tha %hn,, AN0 l.
CATRoN oROss-ExAMINED.
The cross-examination OF Mr.. Catron
which was conducted by the district at
torney at the beginning of yesterdays
proceedings, consumed an hour or 80 and
was quite rigid. Mr.. Catron reiterated
his statement made in his direct exami-
nation that he remembered distinctly by
which door he had entered his Office dur
ing the month of January, 1891, and also
that he had never come down to his Office
earlier than about 10 O'Clock during that
month. He stated that he had gone out
to the penitentiary to see witness, Ike
NOVEL;, with full knowledge as to what
NOVEL; had sworn to on the preliminary
examination. He denied that he had stated
to Novel; that he had come to the peni.
Tertiary by a round about route or that
no one knew as to his coming. He fur
ther denied that he had stated to he
that he would protect him in case of
trouble over Nowell's refusing to testify
and that he had never lost a case of this
kind. He also stated that it was untrue
that he had advised NOVEL; that Novel;
could secure damages for being kept at
the penitentiary subsequent to being
pardoned. It will be noted that
NOVEL; in his examination to-day as
serted positively that Catron did make
these statements to him. Mr.. Catron
was then asked by the district attorney
whether his firm had not secured an aft
davit from Catalina Gonzalez, a witness
who testified for the territory on the
former trial. He admitted that this was
true but that he and Mr.. Spiess differed
in their opinions as to it's relevancy, Mr..
Spiessf considering it of more weight than
did witness. During Mr.. Catron's CROSS
examination he held in his hand a COPY
of the evidence he had given the day be-
fore and quite flutter was created in the
court room by u question propounded
him by the district attorney as to whether
he could not remember his stateme emit
made the day before without having to
refresh his memory by copy of that
statement. The witness replied that he |
thought he could, but it was noted that
he referred several times TO his memoir
anda while on tho stand.
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