Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1903-05-09

district court $40 paid 10 the proper
men on the jury brought a verdict of
not guilty.
The sporting element and the bunco
gang stood to their friend.
Yarberry was continued in office un.
til Saturday night. June is. 1881, when
occurred a second tragedy and his Sec
ond murder.
About 10 o'clock that night a shot
was fired in front of r. H. Greenleaf's
restaurant, now los First street. Var
berry was In Madden's saloon. now
Sturges', and rushed out with his man
Friday-Frank Boyd-at his heels.
Across First street, going toward the
depot, was the first man Yarberry saw
and after him they went. Boyd, on the
north, took shelter behind a pile of
street railroad ties, and with Milt in
the rear, they poured it into MIN.
Walking back To the saloon he remark
ed, We'll. l killed the ----."
That he had, for two bullets had ell
tered the back and n the left side
of a poor devil of a carpenter from
A. & p. shops. Charley Campbell. who
was wandering around alone and I'M
armed, but not friendless, as il proved.
Campbell's funeral took place June
10, from the platform of Putney's store
and was attended by all law abiding
citizens, including the A. & p. EN-.
ployes from general superintendent to
the call boy. Banners were carried,
I'm God we trust" ~"Forbearance has
ceased to be a virtue" Following the
funeral a public meeting was held in
Grants livery stable and for a time
the sentiment was to hang Yarberry.
After discussion a vote was taken, and
by a very small majority it was resolv-
ed to give the law a test: That Var
berry must be taken from the Armijo
house where he was being guarded
and confined as other criminals; that
he must not appear in the streets, and
that he must resign the office Of con
stable, to which he had been elected
the preceding February. He was taken
to old town and guarded by his friends.
One night walking the outskirts, on
others upon the river bank and upon
others on the roofs of adobe houses.
His preliminary examination was be-
fore the same Negro" Martin on July
S, and when the first witness was call
ed the alcalde arose and taking a pa
per from his pocket and reading, an
nounced that he wanted to hear no
witnesses; that he knew enough about
the case, and that Mr.. Yarberry must
give ten thousand dollars bail or be
confined in the jail at Santa Fee until
the grand jury acted in the case.
That night the best saddle horse in
the county, owned by Max Loebner,
was saddled, armed and provisioned
for Yarberry to make his escape. He
could have gone, but still having con-
fidence in his friends he refused to go.
He was taken to Santa Fe, was return
ed. tried and convicted and sentenced
to be hung, by Judge Bell. Again he
was taken to Santa Fe for safe keep
ing, pending his appeal to the supreme
court. During this appeal he escaped
and after several days was captured
trailing along the road afoot in the
rear of a freighting outfit.
The judgment of death was affirmed.
He was resentenced and ~reconfned in
Santa Fee. He was brought from Santa
Fe by special train under guard of the
| Santa Fee militia company, was met at
the depot by the Albuquerque militia
and by both companies escorted to the
old town Jail and there guarded until
his execution on February 8, 1883. In
this execution there was a change
from the usual method of having a
man climb ten feet to the scaffold
flooring. Yarberry stood upon the
ground, the rope running through a
pulley in an overhead frame, thence to
a second pully at a corner and down
to a three hundred pound weight,
which being cut loose resulted in a
neck breaking jerk, lifting the body
fully six feet, the head nearly touching
a top cross brace, then a fall, a slight,
clicking sound as though the neck
had snapped, a slight swaying of the
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