Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-10-18
ALAR|O GOES
To PEN FOR
ONE YEAR
GRAND JURORS DECLARE
INDICTMENT AN ERROR
RoundIy Scored by Judge Me-
Fie for Betraying Secrets of
Grand Jury Room - Verdict
Shock to Prisoner.

Especial Dispatch Ia the Morning journal. !
Santa Fe. Oct H. Ricardo Alarid,
who shot Camille Martinez. police
! iothcer IN this city two years ago. has
at last been sentenced He was con-
victed at this term of the district
icourt OF assault with a deadly
weapon although he was tried under
an indictment charging him with as
sault with intent to XIII Two Wit
nesses testified at the trial that they
had heard him threaten to kin Mar
tnez, only about an hour before the
shooting took place, but Alarid was
confident that the jury would not ind
him guilty of assaulting the officer,
who was killed about six months la
ter by Nazario Alarid, for which
crime the latter is now serving a life
sentence in the penitentiary.
Contrary to his expectation Alarid
was found guilty of assault with a
new trial and also a motion for arrest
new trial and also motion fo arrest
Of judgment was made by his attor-
ney The verdict OF the jury was
rendered number of days ago. but
the argument on the motion for a
new trial was not heard until yester-
day A. B. Renehan and G. A. Spess
argued the motion for the defendant,
and District Attorney Gortner argued
the motion for the territory Every
possible point was brought up by the
attorneys for the defendant In favor
OF the granting of a new trial. A mum
Der of the grand jurors stated. under
oath that they did not vote for an
Indictment in the case and that the
Indictment in this ease was inadvert-
emily signed by the foreman and that
In reality no indictment had beer
found by the grand Jury. Judge Me
/ Fie held that the proceedings within
the grand jury were secret and tha
the jurors had no right so testify al
1 10 what had hanspifed IN the gran,
1 Jury room EXCEPT that It be IN relation
10 crime which might have been com
mltted la the grand jury room. ana ht
stated that he would, Ia future. hold
Jurors in contempt Of court for such
action as had been taken by these
grand Jurors
Afndavits Of some OF the members
of the petit Jury which tried the case
were produced Co show that some OF
the jurors, at least. thought that the
crime for which they convicted AL
arid was punishable by "A fine OF not
less than 81 and not more than $26.
These afhdavits were submitted In the
hope Of securing the leniency Of the
court. but Judge McFie considered
that Il would be ridiculous to Impose
only fine In case Of this kind
where the defendant had actually shot
and wounded "A person with deadly
weapon as was the case In this in
stance. and he stated that he could
not impose a sentence OF less than a
year In the penitentiary. lie accord
ingly sentenced Alarid TO a year al
hard labor IN the territorial peniten-
tiary. and fixed his bond at $4,000
pending a decision OF the supreme
court in case of appeal, notice OF
which was given.
Alarid and his friends firmly be-
lieved that he would never be con-
victed. and the disappointment was
great when he was convicted and II
was plain 10 be seen that there was
more disappointment when the judge
overruled the motion for n new trial.
II IL beginning TO be apparent that
crime cannot be committed with i'm
punlty i'm this county.