Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-10-19
gainst her aforesaid, she remained at the


office of Catron & Spiess in room ad
Joining the same, voluntarily and at
her own request, and at her request
Thayer brought to her her meals at that
room; that after having returned to Lamy
she was arrested upon warrant of COM
mitment against her for violation of the
city ordinance and taken back to Santa
Fe and placed in Jail, where she was in
formed that she would have to stay until
she paid the inc and costs or until she
could work the same out at ST day, but
that if she was willing to change her tes-
timony and state that what she had
previously said was not true and repre-
sent that some one had instructed her what
to say, they would release her at once
without collecting from her the fine and
costs or compelling her to work out the
same, and that if she would do so they
would protect her from harm or trouble;
that thereupon she agreed to do SO, as
she WIS assured there was nothing wrong
in doing it, and Mr.. Crist, the district ut
torney, was sent for and she, in accordance
with what she had promised to do, stated
to him that her testimony as previously
given was untrue and that G. M. Conklln
when she was first sworn; that as matter
of fact G. M. Conklin never did instruct
her what to say in her testimony on the
examination before Judge Seeds on the
preliminary trial, and what che there
stated was true, and what she subsequent
ly stated on cross-examination was not
true, but was given in evidence by her
because she was assured that if she 80
stated it she would be released from pay
ment of the fine and imprisonment and
would be protected from all harm on ac-
count thereof.
That at no time did T. B. Catron or
Charles Spless tell her what they desired
her to swear to, either on the trial or the
preliminary examination. but simply
asked her what her testimony would be
and when she stated what it was they told
her they wished her to swear to it if it
was true and did not want her to tell an
untruth No SIGNATURE.
DOMINICA ApoDACA CALLED.
Domingo Apodaca was rext called to
the stand by the prosecution. She was
acquainted with Chas A. Spiess; prior to
the trial of the Borregos, Spless and Mar
celino Ortiz called on her at Las Vegas,
where she was then living with her sister
Nellie; Spiess interviewed her privately in
her room while Marcelino and her sister
we're in another room; Spiess urged
her not to testify against the Borregos
and assured her that he and Catron would
give her m oney and send her anywhere
she wanted to 60 if she would do as they
wanted her to do; she gave him to under
stand that she knew nothing about the
case and generally gave him no satisfac-
ton; afterwards she came to her Mothers
house in Santa Fe; she met Marcelino
Ortiz on the streets of Santa Fe and he
urged her to go and see Catron, but she
said she did not want to 60 to see Cat
ron; when she went back to her mothers
house she found Gus O'Brien and Mar
celino Ortiz waiting there for her; they
offered to show her the way to Catron's
Office; she refused to go with them, but
said she would talk to Catron if he would
come to her mothers house; Spiess did
not specify the sum of money he would
give her if she would do as he desired
but told her he would give her money;
she had passed Gus O'Brien on the street
that day and he had applied all manner Of
of abusive epithets to her.
INCIDENT AS TO OCCUPATION.
On cross-examination by Mr.. Field the
witness was asked what her business was
and whether she was not common pros
titute. The woman for a time obstinately
declined to answer these questions, at the
same time manifesting good deal Of
temper, but upon being sharply ordered
by the court to answer the questions IN
der penalty of going to Jail till she die
answer, she answered, II am, I live
alone"
The witness was then excused and
passed out by the group of attorneys, in
Guiding their clients, on the side of Cat.
ron and Spiess, but before she reached
the door Mr.. Field demanded that she be
called back and punished for making an
insulting remark to "the gentlemen as she
passed by them," his specification being
that she called them SIS of b-s.
In obedience to the order of the court
the witness resumed the stand and denied
applying the epthet mentioned to the
gentlemen.
In response to direct questions of Mr.
Childers she said that she had not talked
with Page B. Otero on the subject of the
case on trial and affirmed that the testi.
mony she had given at the Borrego MUIR
der trial was true.
At the request of counsel for the prose
cution Mr.. Renehan, official stenographer
for the district court, was directed to ex-
tend his notes of the testimony of Domln.
ga Apodaca and Porfiria Martinez de
Strong at the Borrego trial that it might
be introduced in evidence in the pending
case for the purpose of showing its vital
bearing on the murder trial.
DEFENDANTs' COUNSEL vIND1oATED.
Before permitting Domingo Apodaca
to leave the stand Mr.. Field demanded
that Mr.. Springer and ex-Judge Fall be
sworn and 1nterrogated as to the epithet
alleged to have been addressed to Catron
and Spiess and their counsel as she was
| passing out.
Messrs. Springer and Fall both swore
that the woman, in passing them, said,
"You s-ns of b--s."
Mr.. Springer then demanded that the
woman be punished for contempt in the
face OF the court.
The court ordered the witness to return
to the court room at $3.50 in the morning.
Nellie Apodaca next took the witness
stand.
Before asking her any questions Mr..
Jones raised the question as to whether
she would be obliged to answer any
questions tending to disgrace or GRIM
mate her.
The court, upon being reminded that
prostitution was punishable under the
statutes as vagrancv, ruled that the wit
ness need not answer such questions as
he'd been propounded to Domingo Apo.
daca expecting her occupation.
Nellie Apodaco then testified that she
was a sister of Domingo Apodaos; that
before the Borrego trial Charley Spiess
and Marcelino Ortiz came to see her
sister at Las Vegas; Spiess saw Domingo
alone whilc the witness was in another
room with Ortiz: abe vaa living In Trfni.