Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-09-23
Unwdtten Law Plea Fails 10
Save SiIyerio Duran From 20.
Years in the Territorial PeRi-
Tertiary.
CATTLE RUSTLING
CASE GOES TO TRIAL
The Leslies Convicted on the.
Charge Of Wholesale Cattle.
Stealing After Principal Wit
ness Aids Teuitory'S Case,

fNN1 f'fhNhN 6H~h
Especial Corre-paadencs Morning journal
A~lamogurdo. n. NJ, Sept. 2l-Tbe
regular september term Of the district
court for Dtero county. which con-
eened ia this city on the second In
slant with Judge Edward a Mann on
the bench. has been devoid Of any
sensational proceedings. albeit the
court officials have been very busy
men and a considerable amount Of
Work has been accomplished The abb
sence Of the ladies from the court
rnam has been noticeable. as the open
sessions here generally draw large au-
diences. n seems the present term
has Interested no one save those per
Honally concerned, along With the US
uai hangers-on.
saloon Men Caught.
The grand Jury was secured the first
day and was In session just ak days
Sid r.. Parker. Of this city. was the
foreman ~ all. nineteen indictments
were returned, one for assault 10
murder. bne for assault with a deadly
weapon. -four for fo6rishlng deadly
weapons in settlements. and thirteen
for violation o. the Sunday law. These
last thirteen indictments caught the
merchants az clOudcroft n Is thought
they will come in before the term
ANHFfH NANN WIN NNA NANMM AAAAAN anu
take the minimum fine Of s.. with
costs, whirh VIII make Il considerably
lighter on them financially than ans
other move they can make. The evil
denCe T. strong against them.
Pleads Inwritten Law.
IN the case ~ the territory "a. sill
Vorio Duran. Indicted for killing Jose
Zamora last November, the trial rom
sumed two days. and was fought by
the defense az every step. Duran was
defended by Judge Byron sherry and
II IA. Major. both Of this city. while
Mark - Thompson. the district Ito
uey Of Las Cruces. was ably assisted
by II. u. Holt, also uf Las Cruces. In
this case Duran claimed the protection
of the unwritten Law. declaring Zamo-
fa had seduced his wife; but the jury
ola not seem 10 see u IN that light
after an the evidence was in. for after
q couple % hours d~eliberatinn they
returned Il verdict OF guilty In the sec
n degree. asking the clemeucy OF
the court. The court, Ia sentencing
the defendant. evidently remembered
the recommendation ~ the jury and
gave Duran twenty years Ia the PEN
iteutiary The sentence ls considered
o light one.
Enthusiasm Caused Him Trouble.
Fred Ball. q Young man whose good
character has not heretofore been
questioned n whose parents are
highly respectable residents Of Three
Rivers. this county. rode into Tuia-
rosa a few weeks ago and after hitch
ing his horse found his way into or,
81 the -iife-saying station" Whfvh
deal out old Barlcycuru In that pas
torai village. ~ looked upon the red,
red wine Tor an hour or two. came
out. swung himself across his horse
q at every jump ~ b animal he
Der out a yell like a Comanche In
dian. disc harginR his six-shuOter in
perfect rhythm as a sort 81 a pyrd-
technical accompaniment. This seem
cd 90 disturb the citizens of that quiet
little settlement. and several 81 them
appeared before the grand jury. told
their stories and Mr Ban was promp.-
ly Indicted FOR drawing, nourishing
and dlschurElnR a deadly weapon. Tie
was npprehcndcd q entered HIS plea
~ guilty Go the charges contained ln
the indictment. owing 10 this being
bis first o~ffense. Judge Mann gave
him the minimum fine OF $50 and
costs. remittinE the fine during the
good behavior Of the defendant. He
ff mptiy paid the costs and declared
was lone with any future associa-
uona with old John B~arleycorn.
Doh, Minnie IN Tolls.
Minnie Kennedy. known around
here as Dolby Minnie plead guilty
Co running a bawdy house within 30u
yards pf a church, Judge Mann hand
"a her n little judgment GA The shape
~ Sgb fine and costs. The which Min
ME has not yet dug up This indirt-
mcut WAS the last one found lasf
spring at which time Minnie thought
She had u husband in whose charge
she cunnded an her money he. with
another party. went on her bond A
few days after hubby failed 90 show
up. ana y husp~u tn-sv-,,saGvn -..s~.1
that he had taken the money and
gone 60 Mexico. Minnie then bad to
hunt up another bondsmau or 20 to
Jail aud after "a day or two She Sue
reedcd She has been operating her
place Just over the line Of the citN
limits ever since the indictment was
returned. and % was understood Dis
trict Attorney Thompson intended to
lndici her Tor every day after This in-
dIctment WAS returned For some reH-
Eln be- did not 90 sn. at this term 90
luurt
Famous Wu~tlinr Ca-c On.
There were bat two criminal cases
tr.rd ai This term 81 court. the first
Nsiuu thr TERRITORY vs. SliNerio Duran
fHr fhe murder 90 Jose Ismnra aud
fbo other being The territory te Rob I
eHt lesH. Hnd hls SOD Robert Jr fnr
fhe larceny ~ ana unlaNfuiiy killing
neat Cttf'r This case b. one uf nlne
IntIoU.rr.. found af the spring term
OF the lincoln county court DOB 1905
arnIHst fres. $3.50 defendants and
Elisha leslie a brother uf kaheri. ST.
Just before fH. court closed LOO Tin
colin. ire defendant. attorney moved
She court f.r change af ruur. aet-
ting ar lu hIs motion fnHI fhe people
90 Lincoln county HUr. ~HrnIudIgrf
against the defendant. .uI chat "a rlIr
and Impartial trial r.u.I nut De- bad
in that county The motion nas SUPP
b several nufHUits and the
Mas sustained IEr entire uluc
cases being Transferred "a. NferH r.Hr
fg Iu the fall ~ 1905 EFhH Leslie
uae tried in this court f.lr. Ea
aud sentenced o. five yeHr- r. ru-
ifsutlarY with q fine ~ $500 40 tHr
faiI term % fhls court Tor lr. Robe
sri Leslie and DIS n ucre f-.. .Ha {,
d~efeud1uts succeeded al e
hung fuF Tho same case HHeI ,
lf Iris term fhe case COINS a. 'r0 n ,
~ finesdaF fhn M1 inst tHls :
.erm TIE district attorney MIA H Z
Thompson was assisted PSI T. N Ear
% FORT Worth. Tesus an .f1r- :
Deg IN D employ q tte sock men