Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1902-03-29
NEARING THE CLOSE.
Jose Baca in His Own Defense for
Murder.
FINED ONE SHOT.

The l,tcus. Zoo the Jose Ba,a murder
trial opened ta.. morning and ly noon
nearly all the ,tIuDuD, had been taken.
20 Ia urnhaHI. fhr case viii pu 90 the
JVIt tuu .rt O. IT, Drnsmurc was the
FIRST Itut.. can % ana hc claimed
that GaD3 d.i vl the shooting and that
he qua unu OF Dr. lie went over the
story OBJ. fuD ARRAY iu detail and ia
every particular denied that hc dld any
shuutu stephen Caravan James
Ma oucy Pat Du-dn Pat Kennedy aud
Archie Brown we're pll character wit
ucsscs ana sWor, that Maxwell was
ruaTDIs'm. uuu oft an ugly disposi-
lion.
Jose 8a.a himself was then put on
th" stand IN N.s own behalf He took
mp the mp iu detail and told OF each
stop made He said Maxwell and Dcns.
more were drinking all the way ont
ana that Maxwell was quarrclsomo
ana ugly tie put Maxwell In the
wagon hy Dousmoro's instructions hut
did not tic him in Eaca said he had
no weapon himself when the quarrel
lctwecu DCusmorc and Maxwell be.
came a shooting ARRAY. Maxwell said
iaCa, had a revolver and he and Dcns
more shot at each other several times;
Dcnsmorc had the rifle and finally
Dcusmurc sank down wounded. Max
well then stepped back "A few steps and
tell At that time Baca said ne was
standing where Drusmurc had been
and Maxwell shot at him. He picked
up the rife and fired once at Maxwell.
but when ne tried to Ere a second shot
the rifle locked and he could not. Max
well fired at him twice after that At
once. Haca said. he and Antonio Es.
...I 4 a.
notified Mrs Dcnsmore and then got
help and returned TO the scene of the
crime He denied that he ever told
F,squhcl what to testify 10 or talked
with him about the testimony. He said
he had move. had any trouble with
Maxwell and had only fired the one
shot which he knew did not hit him.
His cross examination was taken up
after noon.
The prosecution completed its tosti-
mony yesterday afternoon. Harry Cod
dington. a lyoryman of Gallup. told 81
Jose Baca coming ~ his place and tell
INK him Maxwell had been killed and
Dcnsmor, wounded He drove to the
place and BaCa went back also lie
found the body of Maxwell and Dcns-
more wounded. lie described the pc
sition OF the two men in regard to the
wagon aud told OF pointing out the
spot to the surveyors.
Fred Finger, undertaken. and Archie
Brown Justice OF the peace. both of
Gallup, said Maxwell had bullet
wound in his LETT arm and one in the
left side of the body Both were PROB
ably caused by the same bulle.
Antonio Esquihel. who was the
fourth member of the party, said all
had been drinking and Maxwell and
Dcusmorc quarrolcd and called each
other names. Maxwell was drunk and
Bara finally put him In the wagon and
tied him with wire. Maxwell made an
excuse TO be released when Densmore
called him more names and gave him
his choice of revolver or a Winches-
ter Maxwell declared he did not want
10 tight but finally took the revolver
and fired the first shot Three or four
shots were fired by Maxwell and Dens-
more when Dcnsmore fell. After he
fell no said XIII him, boys Baca
went around the wagon and picked MP
the rifle. Maxwell fired twice at him
when BaCa fred twice and Maxwell
zen. saying You sure have got me.
Joe Baca and Esquibel went to Gal
lup 10 give the alarm and Esquihel
said n9ca made him swear not tn tell
that RaCa had fred no shot as Baca
had tod him TO do, because he was
afraid Iaca would XII him if he told
the truth and that ne could not collect
money BaCa owed him.
Drs W G.. Hope and j f. Pearco
described the probable course of hui
let which would strike one as Maxwell
was struck and cast doubt on the claim
that the wounds In the arm and side
were caused by the same bullet.
l. Z Dcnsmorr. Ia telling tn" story
of the trip. said he had not fred shot
after he was wounded and that Baca
had secured the rifle and killed Max.
well II was ig this time almost and
court adjourned
Tho territorial grand jury reported
this afternoon and was discharged. No
indictments were returned for Sunday
violation.