Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-06-15

Judge Hamilton Refuses to Give the
Murderers of Chavez Another
Hearing Motion of Arrest
ofJudgment Pending-Re-
markble Affidavit.

clock this morning, for the purpose OF
nearing argument on the motion for
new trial in the case Of the Territory VS..
Francisco Gonzales y Borrego, Antonio
Gonzales Borrego, Laureano Alarid and
Patricio Valencia, convicted of murder
ing Francisco Chavez, on May 90, 1892;
but, as the attorneys interested were not
on hand, the hearing did not begin until
9:15.
At that hour Mr.. Spiess, OF Catron "
S piess, read the voluminous motion, set
ting forth fifty odd alleged reasons why
the new trial should be granted, and CON
GLIDING with the following extraordinary
AFFIDAVIT OF JUROR MYERS:
TERRITORY OF New MEXICO,
COUNTY OF SANTA FEE.
In the matter of the cause in the dis
trict court for the county of Santa Fe, in
the territory of New Mexico, entitled:
Territory of New Mexico
VS..
Francisco Gonzales Borrego, Antonio
Gonzales y Borrego, Patriotic Valencia
aud Laureano Alarid, murder.
William Il. Myers, first being duly
sworn, upon his oath deposes and says
that his residence is at the town of Ger
rillos, in the county of Santa Fe, terri
tory of New Mexico, that he was one of
the jurors duly impaneled and sworn to
try the above entitled cause and as such
was one of the jurors who rendered the
verdict in said cause.
That he is we'll acquainted with William
p Cunningham, the sheriff OF the county
of Santa Fe, in the territory of New Mex
ico that during the progress of the trial
of the above entitled cause, the said Will
lam P Cunningham frequt nted, at var
ions times, the room in which the jury in
said cause was confined under the charge
of the bailffs of the court; that after the
Jury in the above entitled cause were all
accepted by the territory and the defend
ants, and after they were sworn to try the
said cause, said William p. Cunningham
went into the room in the evening after
supper. at least six different times, and
while there conversed with different men,
bers of the jury; that the majority of the
members of the jury spoke the Spanish
4 y,
ningham would speak to them in that lam
guage, this af1iant not understanding the
effect of the conversation they had in the
Spanish language and can not say what
passed between the said William p. Gun
ningham and such jurors in such CONVEX
Stations.
Affiant further says that the judge who
tried the above entitled cause instructed
the bailiffs and the Jurors that the sheriff
should not be allowed to speak or con-
verse with any member of the jury, but
that, after such instructions were given,
the said William P. Cunningham did come
into the room IN which the jury were
confined for the night, and while the said
cause was in progress, and conversed
with the members of the jury and en-
gagged in a long conversation with Frank
Leonati, one of the jurors impaneled and
accepted to try said cause; the character
| of the conversation this affiant did not
understand at the time. He also at that
time conversed with Juan j. Archuleta,
but the character of this conversation this
affiant did not understand either, it being
carried on in part of the room distant
about twenty feet from where affiant was
at the time; that, on the 29th day of April,
1895, the said Cunningham came into the
room where the jury was confined, and
under the charge of the bailiffs, and en-
gagged in a game of cards with members
of tine jury, and affiant remembers that
Jose NJ. Bernal, Frank Leonati and this
affiant, all members of said jury, engaged
in the game of cards with said Cunning
ham; that, upon leaving, said Cunningham
| mil l,
next time | come down."
Affiant states that he is we'll and per-
sonally acquainted with Juan Delgado,
one of the bailiffs sworn by the court to
take charge of the jury in the above
entitled cause; that the said Juan Del
galo, during the entire time that he was
in charge of the said jury, commented to
the jury, and to all of its members, with
in the hearing of this affiant, and to this
affiant, upon the witnesses of the defend
ants in the above entitled cause, and the
evidence in general Of the defense il sale
cause.
In referring to the witnesses for thu
said defer dants, he stated that all of thu
witnesses for the defendants were bat
men and were sons of ---, and in
general way intimated that the evidence
of the defendants was untrustworthy ant
unreliable; that, on the morning befor
the verdict was rendered in the nbov
entitled cause, the said Juan Delgado wen
to the water closet with the jury, who re
= tired from the room for that purpose
that, while there, the said Juan Delgad
and Marcos Gutierres, one of the mem
bers of said jury, staid together, close to
gether, in the door, apart from the resi-
and apparently talking to each other; tina
said Juan Delgado, during the entire tim
of the trial, spoke with the jurors in
body and individually, in regard to tn
case, and commented upon the evidenc
in the case, at all times referring 70 tn
. defendants, especially to Francisco Cor
zales and Antonio Gonzales, as bad mer
In particular, one morning when the iur
met the uncle of Francisco and Antoni
Gonzales in the street, Benito Borrego b
name, Juan Delgado said: "They are a
killers" referring to the said uncle o
- and his nephews, Francisco and Antonio
Affiant further says that he is we'll an
personally acquainted with Severian
Rivera, one of the bailiffs appointed an
sworn to take charge of the jury in tn
l. above entitled cause; that said Severian
" Rivera H6 All tltnes uuriuk 'Ho PloB'es
of the trial spoke to different member
of the jury, sometimes speaking wit
b four or five of said jurors, sometime
1t with two or three and at other times wit
only one individual member of said jury
apart from all the Others; at all time
carrying on his conversation in the Span
. ish language, and for that reason sue
conversations were not understood b
affiant, and also for the reason that the
were carried on separate and away froi
- this atfiant; that, upon one occasion du
ing the progress of the trial of sal
cause, the jury we're taken to Guadalur
10 bridge, in a roundabout way, the plac
"a where the homicide is alleged to hav
~ - in NJ