Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1902-10-18
DISTRICT COURT.
Judge Baker Sentences Priocners to
the Penitentary.

Juu9e Edker ScntenCcS rrtoc0erS 10
the Penitentiary.
James Elder, convicted of obtaining
under false pretense, watch from s.
vann, was sentenced to one year in
penitentiary, the minimum punish
ment
Frank Davis, convicted of theft from
various merchants of the city, was
sentenced to three years in the peni-
Tertiary, the heaviest penalty.
w. A. Anderson, convicted of assault
with intent to commit the crime of
rape, was sentenced to one year in the
penitentiary, the minimum sentence.
A. Padilla. convicted of unlawfully
branding cattle, was sentenced to two
years in the penitentiary.
Juan Armijo who herefofore pleaded
guilty Of murder in ~ second degree,
for the killing Of piacl66 Salazar at
Barelas, when asked il Gs had any
thing to say why sentenee should not
be pronounced, said nothing; but his
counsel, e. V. Chavez, made strong
plea for mercy, the burden Of which
was, that the young man had hereto
fore borne an untarnished reputation,
even led an exemplary life, and that
1t was his opinion that the defendant
was the tool of another and led into
this affair. through the use of drink.
The counsel did not state by whom he
was presumed to have been urged to
commit the crime, but reasoned that
Armijo having no motive, and others
having motives to commit the crime,
the court should show mercy. The
court. in passing sentence, said If the
statements of the defendant himself,
had left the court In the dark as to the
motive for the killing. that it would
not do to say or even suggest that
Salazar was bad man and ought to
be killed, and said the defendant was
either guilty of the blackest and most
damnable of murders or else not guilty
at all. After detailing to the defend
ant the evidence of the horrible butch
cry shown to have been inflicted upon
the deceased. the court stated that it
entertained no doubt that any jury
would have upon such facts have en-
tertained verdict which would have
resulted in hanging of the defendant.
The court said that it was his convic-
tion that the sentence should be for
life. but the statute not prescribing a
sentence on such language, it would be
for such a term of years as would pre-
vent the defendant mingling with the
community and sentenced defendant
for the term of ninety-nine years.
After sentence had been passed the
court again asked the defendant if he
still desired to tell the truth as to the
happening of the affair but his emo
tion was so great as to prevent his
making answer to the query for some
time, when he again refused to reveal
the secrets of the event.
The co-defendant. Estamislado Sais,
was then called, and Mr.. Heacock
made a statement in his behalf, as to
the former good character, good fam
lily, etc, of the defendant, and urged
that the evidence adduced would not
have supported even a verdict of muir
der in the second degree. The court,
in passing sentence. said he was never
more puzzled as to his duty in deter
mining proper punishment than in
this case. The court said he had no
doubt of enmity existing between Sais
and the deceased, and that he struck
the deceased with a club, that he be-
lieved Sais took the first step and that
If Sais had not been in the affray at
all, there would have been no disa,
bility of Salazar nor any killing. The
court sentenced the defendant for a
period of sixty years at hard labor in
the penitentiary, Under the rules and
regulations of the penitentiary this
makes Sais minimum time not less
than twenty-five years in the peni-
tentiary.
Bloody Battle.