Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1902-03-27
NEARING THE CLOSE.
Jose Baca in His Own Defense for
Murder.
FIRED ONE SHOT,.

The defense in the jose Baca murder
trial opened this morning and by noon
nearly all the evidence had been taken.
1t Is probable the case will go to the
jury tonight. l.. e. Densmore was the
first witness called and he claimed
that Baca did all the shooting and that
he did none of it. He went over the
story of the ARRAY in detail and in
every particular denied that he did any
shooting. Stephen Caravan. James
Maloney, Pat Dugan, Pat Kennedy and
Archie Brown were all character wit
nesses and o that Maxwell was
quarrelsome and of an ugly disposi-
ton.
Jose Baca himself was then put on
the stand in his own behalf. He took
up the trip in detail and told of Zach
stop made. He said Maxwell and Dens-
more were drinking all the way out
and that Maxwell was quarrelsome
and ugly. He put Maxwell in the
wagon By Densmore's instructions but
did not tie him in. Baca said he had
no weapon himself when the quarrel
between Densmore and Maxwell be
came a shooting ARRAY. Maxwell, said
Baca, had a revolver and he and Dens-
more shot at each other several times:
Densmore had the rifle and finally
Densmore sank down wounded. Max
well then stepped back a few steps and
fell. At that time AGA said he was
standing where Densmore had been
and Maxwe,1 shot at him. He picked
up the rifle and fred once at Maxwell.
but when he tried to fire a second shot.
the rifle locked and he could not. Max
well fired at him twice after that. At
once, Baca said, he and Antonio Es-
quibel started back for Gallup and first
notified Mrs. Densmore and her got
help and returned to the scene of the
crime. He denied that he ever told
Esquibel what to testify to or talked
with him about the testimony. He said
he had never 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 it's testi-
mony yesterday afternoon. Harry Cod
dington, a liveryman of Gallup, told OF
Jose Baca coming to his place and tell
ing him Maxwell had been killed and
Densmore wounded. He drove to the
place and Baca went back also. He
found the body of Maxwell and Dens-
more wounded. He described the po-
sition of the two men in regard to the
wagon and 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 q bullet
wound in his left arm and n In the
left side of the body. Both were prob
ably caused by thu same bulletar5
Antonio. Esquibel, who was the
fourth member OF the party, said all
had been drinking and Maxwell and
Densmore quarreled and called each
other names. Maxwell was drunk and
Baca 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 a revolver or a Winches-
ter. Maxwell declared he did not want
to fight, but finally took the revolver
and fred the first shot. Three or four
shots were fired by Maxwell and Dens-
more when Densmore fell. After he
fell he said, xiii him, boys" Baca
went around the wagon n picked up
the rifle. Maxwell fired twice at him
when Baca fired twice and Maxwell
fell, saying, You sure have got me,
joe" Baca and Esquibel went to Gal
Iup to give the alarm and Esquibel
said Baca made him swear not to tell
on him. He told the coroners jury
that Baca had fired no shot, as Baca
had told him to do, because he was
afraid Eaca would kill him if he told
the truth and that he could not collect
money Baca owed linn.
Drs. w. G. Hope and j.. +. Pearce
described the probable course of a bull
let which would strike n as Maxwell
was struck and cast doubt on the claim
that the wounds in he arm and side
were caused by the same bullet.
l.. f. Densmore. in telling the story
of the trip, said he had not fired a shot
after he was wounded and that Baca
had secured the rifle and killed a
well. 1t was by this time almost g and
court adjourned,
The territorial grand jury reported
this afternoon and was discharged. NO
indictments were returned for Sunday
violation.