El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-12-08
a BOY TRIED
For the Murder OF Mexican Girl
and Acquitted

The trial of Felix Guerrero, Next
can boy, IA years old, for the murder
of Vasilia Pena, q Mexican girl,
began this afternoon before Judge
Walthall and q jury in the district
court.
On the evening of October 4th, last,
Guerrero shot the girl with q pistol,
killing her. He was arrested and bias
been in jail since. Patterson and Wal
lace appeared for the defense.
By consent of the defendants attor-
neys special venire was not drawn
and toejury was selected from the re-
guIar panel. 1t wac composed of the
following named jurors:
j. M. Echols, A. j. Ross, F. Castor,
L. N. Dickerson, N. M. Depete, Chas.
Beiswinger, T. J. Grey, John Ford, j..
S. Merrill, J. w. Hadlock. A. Schloss,
Adolph Schultz and r. P. Nash
The mother of the murdered child
was called a, the first witness. She
testified that on the evening her
daughter was shot she went to sleep
about o'clock. About half past eight
o'clock she was awakened by q shot.
She found her daughter ear her, dead,
with a bullet hole in her head. The
bullet had entered just behind the
right ear and emerged from the
left jaw. The children, she
said, had been raised together and
were good friends. She did not see the
boy after the shot was fired until to-
day. She did not see him have pistol
before she went to sleep.
Chona de Ia Rosa, relative of the
Penas, living in the same house with
them, WAS the next witness. She said
that she mad been out and returned
home about 8 o'clock. She heard the
boy offer the girl piece
of ribbon to make his
bed. The girl made the
bed. She heard no quarrel, but short
ly after saw the boy point pistol,
house, at the Pens girl, saying,' 81
will shoot you" The little girl was
partially disrobed. She started to run
| to her mother when the boy fred, kill
ing her. .- .....-
On cross -examin alton the witness
| said the pistol belonged to q man living
| in the house.
The defendant was next placed upon
the stand. He said he was Ii years old.
He was a cousin of the Pena girl. He
was raised with her, having lived in
the same house for a number of years.
His mother is dead.
He said that he went to q chest to
get handkerchief. The pistol was
on top. He picked il up and IL went
off, killing the girl. He had not point
ed it at her and did not intend to shoot
her.
Policeman Newton Stewart, who was
summoned by the Rosa girl, said that
he had gone to the house Immediately
and that the body of the little girl was
still warm. He said that the pistol
used was a double action A calibre re-
volver.
This was all the evidence that was
offered and District Attorney Dean
began his opening argument less than
an hour after the trial began. He said
that he was inclined to relieve that
the murder was an act OF reprehensible
carelessness. He did not believe that
1t was sinister act on
the part of.the boy but that it was
case for 3 jury of twelve men to decide.
He said that be believed the murder
was an accident and he asked the
judge to charge the jury to bring in a
verdict of not guilty
Judge Walthal charged the jury
that the state had not produced suf
fcient evidence to convict defendant of
murder in the second degree or of any
of the degrees of culpa BILE homicide.
He then instructed the jury to find the
defendant not guilty.
The jury without leaving their seats
rendered verdict of not guilty.