Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1902-09-26
DISTRICT COURT.
JeweIy Suit Decided Criminal Cases
Set for Trial.
GRAND JURY INDICTMENTS.

On yesterday the court tried the case
of w. F. Maier & Co. against Alphonse
Simpler a suit in which plaintiffs
claimed $3.50 and interest on account
of the sale of certain lot of jewelry.
The defendant alleged fraud, in that
the goods were not as represented and
introduced several expert jewellers.
who testified that under the tests
given the articles they were convinced
that the articles contained no gold
whatever and were shoddy of the
worst class. The contract, however,
provided that if the goods were not
Satisfactory they should be returned
and would be made satisfactory. This
provision was not needed by the de-
fendant. he merely holding the goods
and refusing to pay for them, and the
court held that since the defendant
had not exhausted the warranty in the
contract, the plea of fraud could not
stand. and rendered judgment for $3.50
and interest.
This morning the court called the
Bernalillo county criminal docket
James Elder. indicted for obtaining
watches by false pretense, pleaded not
guilty and Mr.. Stingle was appointed
to defend. Set for October 6.
Robert Burg, Joseph Koons and Will
liam Kirchey, indicted for larceny of
three Eastman kodacks from a Santa
Fe passenger train, were arranged and
pleaded not guilty. Defendants repre-
sented by Mr.. Heacock, and case set
for October 4.
Joseph X. Platero, charged with de-
facing a brand. Defendant pleaded not
guilty, and set for trial on September
20.
Frank Davis, charged under four in
dictments with larceny from ware
house of William Kempenich; larceny
from warehouse of Ilfeld & Co.; lar
ceny from shop of +. l.. Washburn &
Co.. larceny from shop of Mandell q
Grunsfeld. Pleaded not guilty on all
charges. Messrs, Reynolds and Hea-
cock appointed to defend
The case of the Territory VS.. Juan
Armijo Estamaldo Sais and Francisco
Gonzalez y Molino, charged with muir
der of Placido Salazar at Barelas, was
called, and on request of defendants S
counsel, arraignment of defendants
was postponed
w. A. Anderson, charged with at
tempt to commit the crime of rape
upon one Lucia Garcia, pleaded not
guilty and cause was set for trial on
September 90 The defendant is repre-
sented by Mr.. Heacock.
Benjamin Frokes. charged with as
sault with a deadly weapon, pleaded
not guilty and cause set for October 3.
MI Heacock appears for defendant.
Adolf Gutierrez, indicted on the
charge of assault with intent to kill.
pleaded not guilty and case set for
trial on Wednesday of next week.
Territory VS.. Federico Garcia. charg-
ed with murder on change of venue
from Santa Fe county. Plea of not
guilty. Defendant represented by Mr..
Heacock
Territory VS. J. Hildebrand, indicted
for practicing medicine without Ii
cense. Pleaded not guilty and case set
for trial.
Territory VS.. James A. Brown, charg-
ed with assault TO commit murder. De
fendant pleads not guilty and cause set
for trial on October 7. Defendant rep
resented by William b. Childers.
The territorial grand jury, discharg
ed yesterday afternoon, brought in
batch of indictments. Mrs. William G.
Smith was indicted for arson; S. Jara-
milo for horse stealing, and Jose
Vidal Miera for changing brand.