Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1896-09-12
COMPLAINT DISMISSED.
Charge That sheriff GU I'M I'm.
lawfully Assaulted Ear and
Others Heard anu dismissed
by Judge LaughIin.

The New MEXICAN yesterday printed
the sworn complaint of Manuel B. Sala.
Ear, charging Sheriff Cunningham and
| Deputy Sheriff Tucker with unlawfully
assaulting him and others at the house Of
R. L. Baca on last Wednesday night, to.
gether with summary of the testim ony
of Salazar, Ootavlano Rodriguez, R. L.
Baca and others in the hearing before
Judge Laughlin, wherein it was sought to
place Sheriff Cunningham under peace
bonds and otherwise punish him for the
alleged assault.
This paper Yesterday showed that the tes.
timony of Salazar and Octaviano Rodri-
guez materially conficted with that of R.
l.. Baca and that Salazar subseq nently went
on the stand and admitted that he had
testified falsely in the forenoon as to Wis
iting Baca's house second time on
Wednesday night and borrowing a rifle
of Baca. He distinctly admitted that he
did return to the house an hour or so
after his encounter with the sheriff and at
that time did borrow and take home with
him Baca's rife.
Sheriff Cunningham and Deputy Tucker
do not deny that they were at the house
of R. l.. Baca on the night the assault is
alleged to have been made. In order to
gain correct understanding of the pro-
ceedings that followed it is necessary to
relate several circumstances. 1t will be
remembered that the notorious Button
gang, at the time of it's former existence,
before and at the time of the murder of
Francisco Chavez, used for its call a po-
lice whistle. Some time ago the sheriff
discovered that the same whistle was be-
ing used again, and this led him to make
investigations that resulted in convinc-
ing him that stealthy efforts were being
made to reorganize the same old gang for
unlawful and nefarious purposes.
| The sheriff's attention was also called
to the fact that Francisco Gonzales y
Borrego had confided to life convict al
the penitentiary many secrets; that he
(Borrego) had admitted the shooting OF
Ancheta and other crimes; that he Dor
rego) felt that his lawyers and 'sconstit
uents" had 80 far rendered him all the
assistance in their power and he depend
ed upon them for further help; that he
(Borrego) was Indifferent whether the su
preme court affirmed the death sentence
against him or not; that his friends hat
agreed to murder the sheriff of the coun
ty and the governor of the territory j
necessary and he relied upon them to d,
as they had agreed; that he (Borrego) hat
explained that majority of the count,
commissioners were his friends, woul,
appoint sheriff friendly to him and tina
this common job" of his would be exc
cuted before the sentence of the cour
could be carried out, and that he woul
then be entirely out of danger.
In connection with these disclosures a
the penitentiary, the sheriff says that h
has for some time past had reason to be
lieve that certain parties were cerryin,
arms to certain houses in the city, givinJ
as reason therefor that blood would b
shed in the protection of their friends an
leaders, the Borregos.
In addition to these revelations an
others of kindred nature, Nestor Rodri
guez, a friend of the sheriff and a trust
worthy man in all respects, on Tuesda
morning, related to the sheriff that on tn
previous Monday night small crow
congregated at the house of his brother
Octaviano Rodriguez, where he saw an
recognized the voices of R. L. Baca an
Enrique Pacheco and heard deliberat
plot unfolded in the interest of the Boz
regos.
When placed on the witness stand be
fore Judge Laughlin yesterday afternoon
Nestor Rodriguez related essentially tn
same story he told to the sheriff. H
stated that at the meeting mentioned b.
heard R. L. Baca say: "Now, companions
pay attention;I want you to meet at m,
house on Wednesday nights" that he heart
Enrique Pacheco say: "We should b,
careful who we take into our society ant
l believe we should not have more thar
six members;" that he also heard a voice
which ne did not recognize, say: eff ",
properly organize ourselves, the Cover
nor with all his power can not interfer,
with our doings;" that he heard another
voice say: "We will yet give liberty tt
our friends, the Borregos;" that at thil
point he stole along side of the old cor
raj fence, 40 as to be nearer where thu
men were talking, when he saw a woman
standing outside near the door; that he
believed this woman was guarding against
intruders, saw him, gave warning to the
men in the house and that this caused
them at once to dispense.
The facts thus testified to were, as al
ready noted, related to the sheriff on
Tuesday morning, and caused him &c
watch the proceedings of the planned
| m oki NJ
For this purpose, accompanied by Depu.
ty Tucker, he went to the house of R. L.
Baoa on Wednesday night armed with q
double-barreled shotgun, and waited
near by for nearly two hours in the rain
and darkness for the suspected consplra-
tors to come out of the house. When
they did come out he ordered them to
halt, searched them for arms and ordered
them not to hold such meetings any
more.
The testimony before Judge Laughlin
also showed that, in addition to the per.
sons named, ex-Sheriff Conklin and Fer.
nando Nolan we're expected at the meet
ms on Wednesday night.
After hearing all the testimony offered
Judge Laughlin dismissed the proceed
ings and discharged the sheriff.
After the hearing, Sheriff Cunningham
told reporter of this paper that he had
other reasons for the action he took on
Wednesday night, which he could not
row make public, and added that he and
his friends had sufficient evidence to
spot those who are secretly sttem pting
to assist the murderers of Francisco
Chazez and those who conspired with
them"