Southwest-sentinel. [volume] (Silver City, N.M.) 1883-189?, 1895-04-09

The following sentence passed upon
Juan Silva by Judge Bantz a. the last
sosuion Of the Dona Aua court, practi-
cally removes that gentleman CD from
society, az least until about the close Of
the next century. In the meantime 10
is probable that he and Mr.. Satan will
enter into partnership. This ~ the way
Judge Bantz disposed OF his oasos
You have been gwen a fair and Inn
partial trial on the charge contained IN
tho indictment against youi you have
had the seryico8 Of q member Of this
bar who has defended you with ability
and zeal; everything has been done Ia
your behalf BY him which the nature
OF the case against you would justify
or permit. Ia the ruling upon the
testimony the court gave you the
benefit Of the doubt whenever one
existed the Jury have apparently been
guided Ia their verdict by the same
sentiment Of charity towards you, Tor
they have returned q verdict for muir
der Ia the second degree, when they
might have returned one for murder
in the FIRST degree with entire pro-
priety. Before TINS case was submitted
Ia the Jury, 10 seemed 70 me that it
would be my duty under the law 10
instruct that this was q case where the
issue wat asimple one Of murder Ia the
FIRST degree, or not guilty IN any. There
seemed 10 me no element which could
reduce your Offense II you were guilty
at all, ffom that Of murder ia the first
degree. But upon further elaboration,
aud because / would rather err upon
the side Of mercy, / finally concluded,
though with much hesitation, to In.
slruct the jury that they might return
a verdict against you for murder 10
the second degree, and they have done
90. You now come before this courl
for sentence upon that verdict. You
counsel has made nm appeal TO the
court 10 your behalf in respect to the
punishment to be- administered 10 you
/ have taken time to carefully review
the testimony, and the appeal IN miti
cation has been considered.
Juan Silva, you went TO the house o.
your neighbOr; ron called him from
his bed, aud from the side OF his wifi
Ia the silence OF the night, and while
Y he was unarmed; without arning anS
without ~provocatiOn, almost ia th'
very presence Of his wife, you merci
lesslY slew him. What element FOL
mercy is there, or could there be, II
your casef Your blood may have beef
heated with wine, but the fact that TIT
deceased had not been a companion II
your carousal, shows that when yoI
went to his house you went with malicI
10 your heart and with 4 wicked ant
deliberate purpose to kill him. I can
not and will not set 3 premium upoI
murder.
The judgment and sentence Of th
court is that you DO remanded TO tn
CUSTODY OF the Sheriff 81 Dona An
county, to be by him safely kept unit
|, such time as he can ~convenlently cor
vey yOu TO Santa fe, there no wi
deliver you to the superintendent OF tn
territorial p~enitentiary to be cOntinel
therein az hard labor for the period g
ninety nine years, and that you pa
the costs OF this prosecution and stan
committed until such costs are paiC
I Boone & Jones have made arrang'
! ments for the shipment OF 1000 head {
stock cattle from here to the India
Territory for pasturage between the 81
and the 18th Of this month. They wi
I also ship 3,O0O from Separ and 600 frol
r Deming about the same time. On u
9 25th they will ship about 1900 hea
: more from Separ. This win make a tot
shipment OF 1900 head for the month.