Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-10-01
MOUNTAINS VILLAGE
STIRRED BY
LAW SUIT
MRS, MUNSON LOSES IN
FIGHT FOR DAMAGES
Climax to Long Faction Fight
in Little Settlement of Avis,
Far Up in the Sacramento
Mountains.

case that has attracted the most at
t~ention at this term of court. speaking
for the mountain country, was a civil
case, Mary MunsOn VS.. Curtis +. Van
cleve. The neighborhood Of Avis, a
settlement In the Sacramento noun
tains, some eighty miles from this
place, was Town en- masse, the major
ity Of them being Witnesses: for, as
every one knows. let anything so seri-
Gus as a murder occur in a small com
munity n the accusing Of one OF the
residents of completely in the crime.
especially when that ms is a woman,
every one knows all the facts. or
nearly so. Consequently, Avis was a
deserted village during the present
week.
This was a suit for malicious prose-
cution, growing out of the murder OF
r. W. Parker on April 2S. 1905. on
the public road near Avis, presumably
for his money. An examination Of
his body, when found. showed that
everything Of value had been taken
from II, and II was generally under
stood that he had considerable money
on his person all the time. The set
Element was aroused 10 immediate ac-
ton. as Parker was considered a good
man in every vs. and a friend to
everybody. Suspicion at once pointed
10 one Tom Gentry as the guilty par
~. although cOnVicting evidence Of
any character was not to be had at
that time. The murder Of Parker was
the all-absorbing topic of conversation
In that section OF the country for
several miles around. and the resi-
dents Of the community who resided
near the postOffice Of Avis. would
congregate in town" and talk the
matter over from every point of view.
After a day or two what had been
whispered opinions n muttered sem
tlment broke out into open accusa-
tlons of Mrs. MARY Munson as being
she was charged with hiding Gentry
from the officers. who were e%ndeaVor-
ing to caDture him. on April 2S. five
DAYS after the murder. V~ancleve. the
defendant. went before Justice Har-
bert and swore out a criminal com
plaint, charging Mrs. Munson with
being accessory before and after the
fact to the murder Of r. w. Parker.
She was arrested, and. the small place
being without a place Of confinement,
she was placed under a guard of two
men, who watched her every move for
some four DAYS, at the end Of which
Time the preliminary hearing was. had
and n w~as>ADund over TO the Otero
county grand jury I'm the sum Of
S2,500 She gave the bond The
mental and physical strain had been
so great during her confinement that
she broke down completely. and was
under the physicians care for many
weeks In spite Of her physical condi-
tlon, she was taken before the next
grand jury it taking about a week TO
make the trip down here and a week
back, the court OBTAINING her here on
account Of business for the grand
Jury before her case. over a week.
No true bill vas voted after the evil
dence was heard. During their en-
forced stay here AT court. several OF
their best goats froze to death. their
crops, for lack Of water. were greatly
damaged, and an alleged expense Of
attending court Of over 5000. besides
the mental suffering of the woman ac-
cused Of such a crime. led her to in
stitute this suit for malicious prosecu-
ton. In her complaint she asked for
81 600 for mental suffering. 500 ex-
penses before the grand jury. and
$3.50 damage TO stock and crops, maxi
inc In an 81. $50.
The case was called for trial
Thursday morning. and from the
number Of Witnesses sworn il was pre-
sumed by the court officials that the
evidence could not be gotten in before
Friday night. There were TWEEN
witnesses sworn. The first
witness. the plaintiff. was on the
over three hours. the second.
husband. almost two hours. so II
looked Ike a long session of testi-
10 the court. and Judge Mann.
being DESTROYS OF closing court as soon
as possible. ordered a night session. !
But the plaintiff did not put on an
her witnesses. and after she and her
husband testified the testimouy was !
short. The plaintiff closed her case
about $50 Thursday evening. The
was nut on the stand and
told his story. which was exceedingly
short. simply covering the facts as
above. set out and the balance Of the
defendants Witnesses We're character 1
witnesses. endeavoring to attack the !
character OF the plaintiffs husband. |
They were nat through in a short
and the defendant announced 1
his testimony was all IN. The ,
our and every one else was So taken
by surprise that the only thing to do
was 20 adjourn until the next morn
ing. In order 10 give the court an on
portunity to prepare his Instructions.
Court convened at 10 o'clock FRIDAY
morning, the court instructed the Jury
counsel argued their case. the
Jury receiving 10 about > o'clock .. m.
$ o. m. the jury returned a verdict
'or the defendant.
\ Village Warfare.
The earlier history Of the little
mountain settlement from the time
question Of building a school /
entered into lis business affairs |.
$ "a story OF passion and bitterness.
Al this time, possibly tonne eight years
the people divided on the loca-
Of the school house one fac