Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1902-10-09
PadiIIa Found Guilty Of Fraudu-
lent Branding.
OTHER PROCEEDINGS OF COURT
Mechanical Officials Of the Santa Fs
Here In Conference.
the MEARNs-sCoTr MARRIAGE.

Business in district court yesterday
was dispatched with much conciseness,
yet every case was well tried. In the
case of the Territory vs. Estaban Pa
dilla, charged with branding colts be-
longing to another, the defendant was
found guilty. Padilla was represented
by Attorneys M. e. Hickey and Abel
Perea. The prosecution showed that
two promising young colts bearing Inc
brand of the defendant followed the
mares belonging to Pedro Ruis and
bearing the brand of Guadalupe Gut
tierrez, deceased. Pedro declared the
mares to be mothers of the colts and
1t evidently impressed the jury in the
same way. 1t was alleged that the de-
fendant was very generous in using
his brand on any animal that ran un-
marked. The evidence of the prose-
cution didn't bring anyone nearer the
mares and colts th~1 fifty yards and
the defense held that a man couldn't
swear to the brands at such a distance.
Then the defendant declared that his
brand was also used for his four broth
ers, but he introduced no witnesses to
prove the important point. After short
addresses by the counsel the jury was
instructed, retired and in half an hour
returned verdict Of guilty. =,
In the case of the Territory against
Federico Garcia, charged with the MUIR
der of Jose Andres Gonzales at La
Cienega, in Santa Fe county, IN Au-
gust. 1900, the cause proceeded be-
fore Judge Baker until midnight. when
the case was submitted to the jury. On
the convening of the court this morn
ing the jury returned verdict of not
guilty.
The case came from Santa Fe on a
change of venue. and the prosecution
labored under the handicap of losing
their chief witness. Wilfredo C. de
Baca, the only eye witness of the affair
in which Gonzales was killed. The
witness did not appear tor the trial,
although he was duly subpoenaed. The
prosecution proved that Gonzales had
been killed and defendant admitted
having killed him. But there they were
parted. The theory of the prosecution
was that more or less Of feud existed
between defendant and deceased grow
ing out of conflicting claims on water
rights, and that the defendant on the
day of the tragedy, when the deceased
was bathing his feet in an acequia.
stepped up behind him and Drained
him with a blow from the rear with a
spade. The theory of the defense, on
the other hand, was that the deceased
sought the quarrel with defendant and
was aggressor in the affair. And that
while the deceased was attacking the
defendant with a knife, the defendant.
in self defense, struck him with a
spade f, om the front The effect o. the
blow paralyzcd the organs of speech
of the deceased and he died eight days
after the injury, in the sanitarium at
Santa Fe. The physicians testified to
the point that the injury gave evidence
from having been inflicted with a
spade, and from its peculiar shape, it
appeared to have been inflicted from
the rear. However there being no tes-
timony on the details of the encounter,
except that given by the defendant, the
jury had no alternative than to view
the case from the standpoint of the de-
fense.
The case of the Territory against
Estanislado Sais, charged with murder
of Placido Salazar. is now on trial.
This morning was occupied in securing
jury.
Plead Guilty to Murder.
This afternoon. Francisco Sais plead
guilty of numbering Placido Salazar
in the second degree, and Judge Baker
will probably sentence him before the
adjournment of court this afternoon.