Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-05-29

Murder is the unlawful killing of
human being with malice aforethought,
either express or implied. The unlawful
killing may be effected by any of the
various means by which death may be
occasioned.
By express malice is meant deliberate
intention unlawfully to take away the life
of fellow creature which is manifested
by external circumstances. By the term
feloniously is meant wickedly and unlaw-
fully, from depraved heart or mind,
which regards not social obligations but
is fatally bent on mischief. By the term
| 'willfully' is meant Intentionally. By the
term malice is meant the intentional do
ing of a wrongful act.
By express malice aforethought' is
meant condition of the mind, and, as
applied to the facts of this case, these
terms mean an intent formed and exist
ing in the minds of the defendants to take
away the life of the deceased, Francisco
Chavez, at some time, however short, be-
fore the killing was done.
If you believe from the evidence, be-
yond reasonable doubt, that the de-
PENDANTS, on the 29th day of May, 1892, or
at any time next within ten years before
the finding of the indictment and at the
place rs mentioned in the indictment, did
shoot and kill the said Francisco Chavez,
and that they did SO feloniously, will.
fully, purposely and with express malice
aforethought, as charged in the iudict-
ment, then you will find them guilty.
Evidence has been offered by the terri
tory for the purpose of attempting to
prove conspiracy alleged to have been
formed and entered into by and between
the defendants and other persons to kill
and murder the deceased, Francisco
Chavez.
is an agreement or combination entered
into by two or more persons, by con-
certed action, to do an illegal act The
defendants are not indicted for the con-
t spiracy to murder, but are indicted for
the murder of the deceased, Francisco
Chavez. But the charge of conspiracy to
4 murde., rs set up by the territory, is 80
closely connected with and forms SO
nearly part of the crime charged in the
i, indictment that all the evidence relating
to the conspiracy is submitted, with all
the other evidence taken in the case, and
8 is TO be considered by you in determin-
ing the guilt or innocence of the defend
ants of the crime charged in the indict
= ment. Where two or more persons con
spire to do and are associated for the
z, purpose of doing an unlawful act, the act
Il of one or the declaration of one of such
persons while engaged in, and in pursu
" ance of the common object, is the act
d and declaration of all, for which all art
liable, as such persons 30 associated are
deemed and presumed to consent to ani
know what is done by any other of thu
consplrators in the furtherance of tn,
common object. If, therefore, you be
lieve from the evidence that the defend
ants, Francisco Gonzales y Borrego, An
tonic Gonzales y Borrego, Laureano Ala
rid and Patricio Valencia, either b,
themselves, or in conjunction with Hippo
Ito Vigil or any other persons, entered
into conspiracy or formed combina
tion for the purpose and intention o
taking the life of the said Francisco
Chavez, deceased, then you are charge,
that in considering the guilt or innocenc
of the defendants of the crime charged il
the Indictment, you may take into con
cN0IJ anu ivory uoCidlo
tion of each member of the confederac
.s done or said up to the date of the homi
"a eide and done or said in pursuance of tn
a original concerted plan entered into b
w. them with reference to the conspirac
-. which has been given in evidence befor
-. you by the witnesses; and If you fin
100 from the evidence that the territory ha
r, proved conspiracy between either tn
"A defendants themselves, or between tn
a1v defendants and other persons acting i
=" conjunction with them, to take the lii
81 of the deceased; and if you further b.
rs lieve from the evidence, beyond reaso,
~ able doubt, that the defendants then
~ ~. selves or in conjunction with others &C
' n ing with them, did 80 take the life of th
~ ~ deceased Francisco Chavez, IN name
= and form as charged in the indictmen
then you will find the defendants guilt
You are further instructed by the coul
that all persons are principals who wei
ng present at and acted with others in tt
e- commission of the crime. When an o
ok Tense has actually been CO nmitted by or
;, or more persons, if Others are presen
~ and knowing the unlawful intent, aid
az acts or encourage by words or deeds thos
as who actually are engaged in the commi
r. sion of the unlawful act, such persons 6
~ acting, aiding or encouraging are pril
If. cipal offenders and are equally guilt
or with those who actually committed I'll
a. crime. Although you may find from til
a evidence that the defendants did not fiji
he the fatal shots which resulted in the deaf
a of the deceased, Francisco Chavez, bl
nv that the shots which resulted in his deaf
AZ were fired by other persons than the d.
rs PENDANTS, yet if you shall find from tt
nd evidence, beyond a reasonable doubt, Thu
the defendants at the time of the KILN
pe of the deceased, Francisco Chavez, wei
70 at the place where che killing occurre
in. intending to take the life of the deceased
en- and that they, the defendants, were pre-
CO emit aiding, assisting, abetting or encou
ed aging the persons who fred the sho
Mt which resulted in the death of the d.
m ceased, then you are instructed that tt
ill defendants are as equally guilty rs thong
they had fred the fatal shots which r.
suited in the death of the deceased, an
you will SO find in your verdict.
ls- You are instr &C, cd, gentlemen, that ci
he cumstantial evidence is legal and con
nd petent in criminal cases, and If it is {
- such character as to exclude every re,
We sonable hypothesis other than that of tt
wv defendants guilt, it is entitled to ii
!" same weight as direct testimony; th'
10 while you must be convinced of the
w. guilt beyond reasonable doubt, from a
AZ of the evidence introduced in the case,
n,0 order to warrant you in convicting tt
~. defendants, still the proof which is o
.o' fered in the case and submitted for yot
" consideration need not be the direct ev
re- dence of persons who saw the fatal sho
VI fred which resulted in the deeth of tt
o. deceased, but the acts constituting Il
~ W crime with which the defendants al
III charged may be proved by circumstanti
. evidence. You are further instructe