Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-08-12

there loaded Win &uhpoNorf an" 'H.
leaden buIIef and by him, me ssid
Domingo Wales. had and held In both
his hands. he. the said DOMINO
Wales then and there unl1wfuily. VII
fui.. feloniously. with malice afore-
fhaught ard from a deliberate AM
preueditatea design. unlawfuliy and
mallci0usly 20 fleet the death Of the
said J. Francisco Chaves. did shoot Of
ana discharge at and upon the said
J. Francisco Chaves. thereby and by
striking the said !. Francisco chayes
with lie said leaden bullet. INJECTING
on and In the breast Of the said j.
Francisco Chayes. one mortal wound.
Of which said mortal wound the said
J. Francisco Chaves then and there
died, And 50 the said Doming ,
Wales. IN manner ard form aforesaid.
aid kill and murder the said J. Fran
cisco Chaves. unlawfully. feloniousir.
wiifulIv. with malice a~fOrethought and
from q deliberate and premeditated
design. unlawfully and maliclously 10
effect the death Of the said }. Frau
cisco Chaves: and that Jac0ho Sediiln
fhen and there unls Vfully n felon.
iousiy was present aiding, abetti1s
and assisting the said Domingo Wales
he felony and murder aforesaid 10 DO
and commit. contrary 10 The form -
the statutes IN such case mad -
provided against the peace and dignity
II the territory 81 New Mexico
A severance been granted and
Jacobo Sednlo = not on trial IN this
case.
The material allegations Of the in
dietment are That Doming Wales on
the e6th day Of November. a u. 1909.
Ht the county Of Torrance IN the terri
tory Of New Mexico. upOn n J. Fran
cisco Chaves. unlawfully, feloniously.
RffniIy. with malice aforethought ana
from a deliberate and premeditated
design unlaWfulty and m%aliciOnsiy 70
effect the death OF the said J. Frar-
cisco Chaves. did make an assault. ard
d certain gun which was then aud
there loaded with eunpowder and n
leaden bullet. and By him, the sail
booming Wales. then n there had
and held in both his hands. he. the
asid Domingo Wales. then and there
uniawfuliy. feloniously and wllfuily,
With malice a~foreth0ught and from o
deliberate and premeditated design
uniawfuliy 20 effect the death Of the
said J. Francisco Chavcs. did shoot
off and discharge az and upon the said
=. Francisco Chavcs. did shoot on and
discharge ana upon the said J. Fran
cisco Chaves. thereby and by striking
the said ,. Francisco Chnves with the
said leaden bullet. lnnlcting on and IN
the breast Of the said J. Francisco
chaves one mortal wound. Of which
said mortal wound the said J. Fran
cisco Chayea then and there died.
II You believe from the evidence
beyond "a reasonable doubt that the
defendant Domingo Wales. on the Goth
day OF November. A. -. 1904. at what
~ now the county Of Torrance In the
territory Of New Mexico. upon one j.
Francisco Chavcs. unlawfully, felOn-
inuaiy and wilfuily, with male atOre.
thought and from a deliberate and
pfsmeditated design unlaWfully and
foiahiously 10 effect the death Of %
The said J. Francisco Cheyea. did then
and there shoot the said }. Francisct
chaVes with "a loaded gun and hat
tlo said shot vas 80 fred from a de
iibsfate and premeditated design un-
lawfully aud maliriousls 20 effect inr
dehth Of tho said J Francisc0 ChaVcs
aud that the said J. Francisco Chnva
then and here died as the result OF
such shot aud of the wounds inflicted
upon him by means thereof. that then
aud Ia that case you should find iht
defendant guilty 90 murder in the frs
degree as charged IN The Indictment
The Jury IS instructed that while
they must bc convinced OF the gull'
af the defendant beyond o reasonable
doubt. from the evidence Ia order TO
warrant a conviction. still the proof
need not be the direct evidence of
eve witnesses who saw the crime ON
miited. II u was committed, but the
sets constituting the crime. n nay
may be proven by circumstantlnl eNi
dence.
rtreamsthntlai evidence ~ legal ana
competent IN criminal cases and if
Is at such a character a. 10 cXciud,
every reasonable hypothesis, otho
than that the defendant II guilty, d Is
entitled TO the ame direct weigh q
direct testimony. Aud n YOU believe
from the evidence beyond a reasona
bic doubt that the defendant La th
rass unlawfuliy. fe~lonioualy. wiliullV
deliberately. premcditattdlts ~ his
malice aforethOught aud from a de-
uhornte and prcmeditated design
cause his death. ala shoot a. KIN
the said J. Francisco Chayes in Tor
rance county. New Mexico. al about
the time and In the name set out
ln the Indictment. then &c matters uoi
10 such evidence n clrcumstantial 'r
derived from "A series OF circumstancef
providing the Jury believes such fact.
ana circumstances point 10 the guili
uf me- defendant beyond a reasonable
doubt To authorize q conviction or
oirgumstantial evidence alone. now
ever. the circumstances should n"
only D. consistent with defendant
guilt. but they must be Inconsistent
with any other rational conclusion cr
hypothesis. and must be- such us 90
leave no reasonable doubt in H.
minds of the jury as Go defendant
Guilt aud if such reasonable doubt eN-
.sta. YOU should find the defendant
NOT guilty.
You are instructed that voluntary
admissions ur confessions of persuns
accused OF crime are admissible tn
evidence against them. a. to suclt
crime. and when such admissions ar
made and proven. % Deg the province 10
tht Jury go take Thorn and give them
such weight us they are entitled Co.
inrif weight ta Doe determined hy
the rlrcumstarcoz under which they
are made. and the probability of their
truth or untruth when considered with
ih, other facta and circumstances uI