Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1903-10-24
WERE ACQUITTED.
MURDER CASE ON TRIAL.


night session. and large num-
her of witnesses were examined. The
prosecution was compelled to rely al.
most exclusively upon the testimony
of the prosecuting witness, Jerry l..
Michaels, VINO is q Greek and testifes
in broken English. the testimony of
the many witnesses called were all to
the point that the prosecuting witness
was being pursued ny the mob, but
who they were no witness was able to
say, Inc prosecuting witness detail.
ed his night from .he time of 1t com.
menced at a jewelry store on Sec
ond street, TO tne Parente rooming
house, then on down the street to lev.
eretts' store and from there to the
Blanchard meat market. and the fear
he entertained that he WAS about to
be killed. as well as the fact that he
was struck, bruised and thrown down
and his hat and coat torn from him
The defendants each testified as to
his whereabouts at the time of the af-
fray. Hem said his first attraction tn
the crowd was the wnlstle blown by
the Greek, that he looked on from
curiosity and had nothing to do with
the affair in anyway except to go into
the Blanchard meat and supply com
pany store at Hartman Wynkoops
invitation as a peace maker.
Quier testified that ne was on the
street in front of the St Elmo and
saw the Greek running down the
street; that he did not cross the
street and did not strike Michels al
Everetts store as Michel testified;
that he followed after the crowd. and
stood on the outskirts and had moth
ing whatever to do with IT,
Wynkoop testified that he was sit.
ting in front of The Citizen office
smoking a cigar when a number of
men came around the corner from
First street to the corner OF the alley;
and that after they went to the rear
OF the Blanchard Meet a Supply
company market, he followed to see
what was going on: learned they had
scab in there, and as an officer in
the Iteration of Labor, ne went into
the shop, engaged the man Michaels in
conversation, promised him protection
and while standing at the back door
endeavored to convince the mob they
had made a mistake: he was drawn
forcibly from the building by the force
OF the crowd; and that he then retir.
ed from the crowd as &c saw he could
not quiet them. The defendants, New
exc and Mahr both testified as to
their whereabouts, and said they had
taken no part whatever In the doings
OF the mob. except TO follow them
from curiosity and took no part in the
ARRAY.
The prosecution put all the defend
ants through a severe cross-examina-
ton in an effort TO show their partic-
ipGtion in the affair. and to show their
animus as members of the labor
unions to do violence to any scab they
might come across. From the evil
dence II appeared that the three men,
Morris, Ward and cross who had elu-
ded arrest who were strangers, were
tAe possible leaders of the mob, hav.
ing followed Michaels here from the
north. where he was not in favor OF
the unions. II appears that some OF
the defendants had had some argu-
ment after the affair with Miehels
charging him with being a scab from
the Southern Pacific railway, and
that for that reason, they entertained
strong feeling against him.
The case was submitted to the jury
at D. m. The district attorney was
assisted in the prosecution by Mr..
Childers and MIR. Rodey and Mr.. Fer
gusson kept a watchful eye on the de-
PENDANTS interests. The prosecution
dismissed the information as to the
aefenaant, Hartman Wynkoop, before
the case was submitted. A great deal
of interest was taken in the case.
When the jury retired at AIS
o'clock, the counsel for defense felt
confident that a verdict satisfactory
TO their clients would be returned
Michaels was the only witness OF any
consequence produced by the prosecu-
ton and his evidence was considera-
bly, shaken from the fact that some of
his statements were conflicting.
The jury remained out until after 1t
had been served supper at the ex-
pense of the territory, and about s
o'clock returned verdict of not gull
ty.
In the case of the Territory VS.
Frank Tucker, In which the defend
ant was charged with the murder OF
Jose Garcia. at Los Dunanes, in 1901,
the defendant plead guilty to man.
slaughter.
The interesting case of FREDERICK
Serna on the charge OF killing Jose
Perea in Los Grlegos about three
years ago. came up this morning and
as there are some twenty witnesses
to be examined will take the wnole of
today and possibly part OF tomorrow.
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wHX NE MAS SCARED