Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1908-01-02
Refugio Gutierrez
Slain by Albino
Encinas
HEARING ON JANUARY 4
Repeated Attempts of Muir.
dered Man to Assault
Encinas' Wife,

A tragedy marked the advent of the
new year at Glorieta, small town
about twenty miles south of Santa Fe,
when Refugio Gutierrez was shot and
killed by Albino Encinas. Encinas who
gave himself up to the authorities
claims 1t was a case Of justifiable
homicide, and he was forced to do what
he did because of alleged attempted
criminal assaults made by the murd.
cred man upon his wife. Encinas has
been released on $4,000 bond for his
appearance for preliminary hearing
before Judge John r. McFie in this
city on Saturday, January II.
According to the story told by En-.
clnas this morning when arraigned in
chambers at the Capitol building be-
fore Judge McFie, Gutierrez had made
repeated attempts. to force Mrs. En-
cinas to submit to improper relations
with him, and Mrs. Encinas was fore
ed to shoot at him on one occasion
to protect herself from hts advances.
During Encinass absence 1t is alleg.
ed Gutierrez appeared at the Encinas
home and demanded admission. Mrs.
Encinas having seen him coming and
defining his purpose, locked the door
and refused to open 1t. Gutierrez then
began kicking the door In in an effort
to break in and only deslsted when
Mrs Ecinas sent a pistol bullet crash.
ig through the door. The ball missed
Its human target but Gutierrez beat
hasty retreat.
Killed DespoIIer Of His Home.
Mrs. Encinas it seems did not tell
her husband Of the attempts Gutierrez
had made to usurp her husbands place
through fear until yesterday
afternoon when in the presence
Of Gutierrez she accused him Of his
crime before Encinas. ITS a lie!'
Gutierrez Is said to have exclaimed,
and sprang toward Encinas. Encinas
now boiling with rage over the recital
Of his wife, grabbed Winchester rife
and killed the despoiler of his home.
Gutierrez fell dead with bullet hole
in his brain, the ball having entered
near the center of the forehead.
Encinas a few minutes later sur
rendered himself to Walter M. Taber,
manager of the Glorieta Mercantile
and Live Stock Company, which has
Its principal place Of business at Glori-
eta. Mr.. .Taber is not deputy sheriff
or a peace Office, but at Encinas' re-
quest he took the latter in custody,
and, hitching up team, drove to San
ia Fe, where the prisoner was placed
in the hands of the local authorities,
arriving here in the evening about 6
o'clock. ~
When Encinas was arraigned this
morning before Judge McFie he told
STRAIGHTFORWARD story and did not try
to conceal anything. He described the
scene that took place at his home pre-
vious to the tragedy and also related
the story his wife had told him Of
the indecent proposals made by the
deceased.
Believes Shooting Was Justified.
Mr.. Taber who has known the two
men for some time testified as to their
character. He said the defendant
Since he has known him has always
borne a good reputation and was law
abiding citizen, while the deceased was
believed to be a dangerous man and
seldom went unarmed Whether or not
the murdered man was armed at the
time Of the fatal ARRAY, Mr.. Taber said
he did not know but added the deceas.
ed was IN the habit Of carrying six
shooter He said that only few weeks
ago Gutierrez had brought his pistol
into the store to be repaired.
Mr.. Taber while being interviewed
BY 4 reporter Of the New Mexican to-
day said that Encinas had the sympa.
thy Of the entire community around
.Glorieta where both have resided for
a long time. Encinas returned to Glor-
ieta this afternoon in company with
Mr.. Taber. He feels confident Of be-
Ia exonerated Of the murder charge.
Gutierrez was instantly killed. The
bullet after ploughing through his
brain emerged from the back Of the
skull, sped through an open door way
'of j house and lodged on the opposite
side Of the road.
The remains Will probably be buried
tomorrow following an inuest.
FoREMosT PHYSICIAN IN
y, UNITED STATES DEAD
Chicago. Jan. 2.-Dr. Nicholas Sem,
one Of the most widely known sur,