Bisbee daily review., 1902-06-18
RAMON MORENO
 IS ACQUITTED
TRIED FOR THE MURDER OF GEO.
 ASHTON.
The Jury Could Not Agree as to the
 Guilt or Innocence of Cruz Figuer-

The Jury Could Not Agree as to the
 Guilt or Innocence of Cruz Fieuer-
 Tombstone, June l6tb
 The attention of the district court was occupied on Saturday until nearly eleven o'clock at night, in the case of the Territory vs. Cruz Figueroa and Ramon Moreno. charged with the mur- der of Geo. Ashton at Brown canyon in the Huachucas on the 29th of De cember last
 The first witness called for the pros ecution was J. A. McGaudy. He testi- he'd that he was at Benningfeld's S tent at time of the shooting; saw Cruz Figuer- ca shoot Goe. Ashton. the bullet enter ing his head near the right temple. He with Benningfeld, Ashton and Whitney were in the tent at the time When Ashton was shot was setting in a crowded position, and when fall ing grabbed at Whitney and they both feel, Moreno at the time rushing to- wards Ashton, Moreno feel on top of Whitney and Ashton. Ashton never spoke after being shot Figueroa at the time of shooting Ashton was stand ing Tn the doorway of the tent That he (McGaudy) with the others had asked Cruz to give up a pistol that he had, but Cruz refused, and pulling gun shot Ashton. McGaudy identified both defendants.
 Cross examination by Lowell brought out the fact that Benningfeld and Cruz had some trouble previously. and that Cruz had taken Benning- nelds six shooter away from him and they were --aving some words regard lnng 1t when Ashton was shot. Stated that Benningfield had shot Cruz in the hand with the shot gun after he had shot Ashton. Testified that Cruz fired first shot at Ashton after which a general firing began, he fired six shots.
 Henry Pyatt was next to testify and stated that he took Ashton's remains to Naco, where he had Dr. Brandon examine them.
 A. L. Whitney was next called and identified Cruz as the man who shot Ashton, said that he was rear Ashton when he fell.
 Upon cross examination he admitted that he, with Benningfeld, McGaudy. Ashton and defendants had been play ing jokes during the afternoon. That Cruz and Ashton had a few words re. sarding bet, and that Moreno tried to eXpain matters, whereupon Benning- field and Moreno had some words and had scuffie, and fell to the floor and that when Benninsfeld got up he had a pistol in his hand Soon after this Bnningfeld and Cruz went outside and soon afterwards he heard a shot. They were gone about twenty minutes and when they returned Cruz had Belnine- fields pistol. As soon as they came in Benningfeld went behind the bar and picked up a double-barreled shot gun, climbing on the bar and saving somehiug to Cruz about the sixshooter About this time Cruz and Ashton both hred. Could not answer positively that Ashton did not fire first shot
 The prosecution next called Benning- held. He corroborated testimony of other witnesses regarding position of parties at time of shooting. Stated that Ramon jumped toward Ashton just as the first shot was fired. That Cruz shot first at Ashton
 Upon cross examination said hat he had been playing cards nearly all day and been drinking and was under the influence of liquor at the time. Ad- mitted he and Ramon scufied on the floor and that he tried to draw his pistol and that Ramon grabbed it. Dc nied firing at Cruz while they were out side, that Cruz took his gun away from him while they were out and that when he came in he got the shot gun and tired to compel him to give it up. Stat ed that Cruz and Ashton fired about the same time. Denied shooting at Cruz before he had fired at Ashton, but fired after Ashton had been killed D1d not know who fired first Ashton or Cruz. Here the prosecution rested.
 The first witness called for the de fense was Dr. Bacon, who testified to treating Cruz in the county jail for number of gun shot wounds.
 The defendant Figueroa was then put upon the stand. Testified to know ing Ashton, Whitney, Benningfeld and McGaudy. That he went to the tent on the day Of the shooting with Rs- mon about noon. Stated that Whitney Benningfeld and Ashton were playing cards and that he and Ramon joined them. That he and Ashton had some words over bet of four chips and Benningfeld joined in calling Ramon d-d greaser S. of B and that Ramon struck at him and they both Tell on the floor, and that Benningfield tried to draw his pistol, and Ramon grabbed 1t at the same time calling for some one to take it or someone would get shot. Said he (Cruz) went over and took hold Of it but soca Rsmcl told him to let go that it was all right. They then got up and went to the bar At the time of scuffiing Ashton made a motion to draw his gun, but did not l went over and talked to him and said don't shoot me want to be your friend to which George replied. All right" Bennigfield and Ramon went outside for few minutes, when they returned Benningfield asked me why l had grabbed the gun; l told him that I didn't want him to shoot anyone. Soon after that he and Benningfield went