Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1898-04-27

guns at this man, ordered him to hold
lup his hands. arrested him and Juan
Pacheco handcuffed him. Hipolito was
standing on the porch of his house some
little ways from where this occurred
Cunningham and Page Otero were in the
streets, armed with double barrelled
shot-guns, Tucker was near the hack
and nearer to Vigil and was armed with
Winchester rife. Vigil was standing
straight near one of the posts support
ing the portal and telegraph or cleo
trio light pole. Tucker shouted at him,
| s'Halt you -" at the same time
firing at him, also firing second time.
Vigil, who was evidently hit, then
turned about and grabbed the post
against which he was standing, with
one hand and tried to pull his pistol;
during this Tucker fired several times
at Vigil and so did Cunningham and
Otero. Witness was of the opinion
there were ten or II shots fired by these
men. Vigil did not shoot and had no
pistol in his hands when first accosted
and shot at. 1t was not until after
fuckers second shot, that Vigil at
tempted to draw his pistol. Cunning
ham and Otero were from 25 to 30 yards
from Vigil, while shooting. Tucker was
nearer to him. After the shooting
ceased, Tucker threw Vigil's body from
the porch into the street.
Cosme Aarid and Benigno Ortega,
the former printer by trade, the latter
a laborer and about 81 years of age,
were called and in almost every particu-
lar corroborated the evidence given
heretofore by Anselmo Armiio and
Bruno Romero.
The defense introduced as evidence
the warrant for the arrest of Hipolito
Vigil, and transcript of the evidence
in the Francisco Gonzales y Borrego ct
al. trial
Page B. Otero, first witness for the
defense, was called and examined by
Judge Warren. A summary of his testi-
mony is as follows:
At the time of the killing Otero and
Tucker were regularly commissioned
deputy sheriffs. Cunningham is in Old
Mexico, Tucker has been in Las Cruces
since the adjournment of the legislature,
and Otero has been in Santa Fe ever
since. On the afternoon of January g.,
1894, Cunningham notified Otero and
Tucker that arrests were to be made;
they went to the court house in a hack
and got six warrants. Those in the
hack were w. P. Cunningham, Page B.
Otero, Thomas Tucker and Juan Pa
checo The warrants were for the ar
rest of Hipolito VIGIL Francisco Con
zales Borrego, Lauriano Alarid, Fran
cisco Alarid, Patricio Volencia and An
tonic Gonzales y Borrego. Cunningham
gave orders, when they started out, that
no shooting of any kind was to be done,
unless unavoidable. They drove over
to Antonio Ortiz y Salazar's corner to
Louis Tafoya's grocery store. AS they
drove along slowly they noticed that
Francisco Gonzales y Borrego was com
ing out of door When he got close
to the hack guns were leveled at him
and he was told to throw up his hands
as the sheriff had warrant for his ar
rest. Juan Pacheco got off the hack,
disarmed and hand-cuffed him. While
standing where Borrego was arrested
some one said: "Here comes Vigil"
Otero saw him as he came up the street.
Tucker was on the sidewalk and they
walked toward each other, when Tucker
said, II have warrant for you, throw
up your hands" As he said that, Vigil,
who had on an overcoat, reached be-
hind and grabbed his pistol, jumped be-
hind post and fired at the same time.
Tucker fired and told Vigil to drop his
pistol, which he did not do. Then the
firing became general and during the
firing, said Otero, II remember very
distinctly of hearing Cunningham and
Tucker ask him, between shots, to drop
his pistol which he refused to do vi
gil was standing against the post with
his left arm around it trying to get his
pistol out of his right hand. When he
was shot he whrled and fell off the
sidewalk to the street, with his arm un-
der him and his pistol in his hand. We
came down then and placed Borrego in
the hack. As we passed along and got
to where Vigil was l, myself, walked
over, and | saw his pistol. 1t was
sticking out under his arm and one OF
the chambers was empty. Tucker was
armed with Winchester rife; Otero
and Cunningham were armed with shot
guns. The witness did not know how
many shots were fired by Tucker; did
not see Vigil while arresting Borrego.
This morning the judge, the attorneys,
stenographer, interpreter, and witness
es were taken to the scene OF the killing.
The positions of the different persons
present and the location of the hack