Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1906-12-13
STORY OF
FATAL SHOOTING
Told by Witnesses in Habeas Corpus
Proceednes-HoW Garcia
Killed BarreIIa,

iIabeaS corpus proceedings In the
case OF the Territory VS.. Melton Gar.
cia, who is charged with the murder
Of Pedro Barrella were heard today
In chambers before Judge John r. Nc.
Fie. The writ was applied for by the
defendants counsel for the purpose Of
having him admitted to bail. Garcia
had waived preliminary examination
before Justice of the Peace e. S. Red
ding when arraigned at Questa, Taos
County, and was committed without
bail to await the action Of the grand
jury.
District Attorney r. G. Gortner ap.
peared for the prosecution and Attor.
ney 7. B. Catron for the defense. Six
witnesses were examined this morn
ing. They were Polito Archuletta, FL
tldo de Herrera, Floyd Hamblen Abe.
line Quintana, EIiseo Rael and Jose
Dolores Gonzales All of them were
actual eye witnesses to the shooting
which took place in Rae's saloon at
Questa on the night Of November T
last. Their testimony was in the main
corroborative The question of who
was the aggressor is a difficult point
to determine in the case and it will
be for a jury to decide whether the
defendant had right to believe that
he was forced to shoot in self-pro.
lection
According to the testimony adduced
Barrella was dealing monte" game
in the saloon when Garcia entered in
an intoxicated condition. Garcia is
said to have thrown a dollar down on
the table and remarked that he would
bet it "alce," which is a favorite wag
er and this privilege belonged to one
OF the other players, Barrela picked
up the coin from the cards on the ia
Die where II had been deposited and
tossed it back 10 Garcia. This is al.
legged to have precipitated the quarrel
between the two men that prompted
the shooting Angry words were eX.
changed and both men jumped to their
feet Barrella is alleged to have ad-
vanced toward Garcia in a threa en-.
ing manner. Fearing that the beIlig-
erenls were going to fight the others
around the table also sprang from
their seats. Archuletta grabbed Ba.
rrella by the right arm whereupon
Barrela stopped. Meanwhile Ham.
blen gave Garcia shove and HERE
ra took hold of Garcia's right arm
Garcia had drawn his pistol and He
rrera jerked the arm upward. Garcia
shifted the gun 10 his left hand and
fired. The bullet struck Archuettas
left arm. passing through the feshy
part and entered Barrella's abdomen.
Archuletta's coat was hanging loose
anu the Ieaden bali broke a whiskey
bottle in his left inside pocket.
As the shot was fired Garcia and
Herrera almost fell behind a stove in
the saloon. Barrela staggered back
to the gaming table, after being
wounded raked up the money lying
on ii with both hands, and fell help
lessly to the floor His death ensued
four or five hours later. When Ba-
rrella's clothes were examined after
wards revolver was found in a scab-
bard fastened under his coat at the
left side 1t is alleged that the vic
tim of the tragedy had made remark
before the shooting took place that
he had the wherewth to protect him
self Instead of reaching for his re-
volver the testimony showed that he
put his right hand in his trousers
pocket as he advanced toward Garcia.
This is the story of the tragedy in
substance as told by the witnesses
examined this morning. AT noon a re-
cess was taken pending the arrival of
Fermin VelasqueZ and Jose Julian Du-
ran, two witnesses expected this af-
ternoon on the Denver & Rio Grande
train. Neither was in the saloon at
the time of the shooting 1T was stat
ed that the defendant may go on the
stand in his own behalf.