Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1908-09-28
ATCHISON MURDER
CASE SINGULAR ONE
Defendant Presented Strong Case Of
SeIf-Defense-Gives Bond Pend.
ing New Trial.

An important, but very singular case
in New Mexico's history was tried be.
fore Judge John r. McFie in the dis.
trict court for this county last week. 1t
was the case Of the territory VS.. w. w.
Atchison, who was charged with the
murder of William Thayer and James
O'Mara, near, the San Pedro mining
camp in the southern part of this coun.
ty on June Is, 1902. A grand jury in
dicted Atchison and he was placed un.
der bond.
Sometime thereafter Atchison went
to Cananea, in the state OF Sonora,
Mexico. where he was employed by
the Calumet Mining and Milling com.
pany as stationary engineer. Upon be.
ing called upon to appear for trial 'at
the last term of the district court he
appeared promptly and surrendered
himself, having previously given bond
in the sum of $4,000 for his appear.
ance. The case was set for trial at the
present term of court and Atchison ap-
peared promptly and the trial com.
menced. 1t lasted five days, beginning
Tuesday morning and was finished on
Friday at noon. Many witnesses were
heard during the progress of the trial
and the testimony produced against
the defendant was circumstantial,
while the witnesses for Atchison, 1t
seems, made out strong case Of self.
defense. 1t was brought out in the test.
imony that his life was threatened by
James O'Mara and that OMara was
loading his gun on the fatal night to
shoot Atchison and with his comrade,
William Thayer, was laying for him.
Atchison did not give O'Mara chance
to shoot him, inflicting fatal wound.
While the shooting was going on, Will.
liam Thayer threw large rocks at At
Gibson, who after shooting O'Mara,
fired at Thayer, also mortally wound
ing him. The territorial grand jury in.
vestigated the case and found an in
dictment charging Atchison with the
murder of the two dead men.
In the trial last week it was shown
in the testimony that Atchison was
man of peace and of good character,
who came to New Mexico eighteen
years. ago and since then had been
working as a stationary engineer for
the Santa Fe Gold and Copper COM
pany for number of years. Also that
it was known In the camp before the
shooting that some trouble existed be-
tween Q'Mara and Atchison, the form.
er asserting that Atchison had done
him a great wrong. This, however,
was not proven at the trial and the
witnesses for Atchison asserted that
Atchison was friendly with the min.
ers and engineers in the entire camp.
During the past six years Atchison
rad been employed as stationary en-
gineer by the Calumet and Sonora
Mining company in the state of Sonora
Mexico, and has given complete sat.
isfaction to his employees and when
summoned to appear in the court he
surrendered Immediately to the Santa
Fe authorities.
The hearing ended in mistrial 1t
is understood that eight of the jurors
were for acquittal, three for a verdict
'of guilty of second degree murder
and one of the jurors became insane
on account of the strain incident to the
trial. Naturally a verdict of disagree
|ment was entered and AtchisOn was
placed by the court under $4,000 bonds
to appear at the March, 1909 term of
court for trial.
Atchison gave bond promptly or
within twenty-four hours for the reduc-
ed sum of $4,000 and it is strong
bond. He had no difficulty in securing
it as public feeling is very strong for
Ihim and as. he has many friends in
this city and San Pedro who have
known him for many years and who
honestly believe his plea Of self-de-
| fenSe and that he was compelled to do