Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1909-10-30
BRING IN VERDICT
MURDER IN THIRD DEGREE
Ante Mortem Statement
Formed Part of the
Evidence.

fdIOH, y. NJ, OCt- OU---AlteT Dt~
ing out two hours the jury in the dis
trict court at s o'clock last night
brought in a verdict of guilty of mur-
der in the third degree against John
Barnum, arraigned on the charge OF
killing Napoleon Cantou on May y
last. Attorney Clarence i. Roberts
represented the defense and District
Attorney Studley prosecuted the case.
Among the witnesses We're Sheriff
Abe Hixenbaugh, Salem Rahy, Attor-
ney Jerry Leahy, George F. Martin
and many others. Perhaps the most
interesting bit of evidence was the
ante mortem statement of Napoleon
Cantou, which was as follows:
Territory of New Mexico, County of
Colfax, SIS:
|, Napoleon P. Cantou, believing in
a God and in the divinity of Jesus
Christ and being in fear of death
within short time, being first duly
sworn, according to law, upon my
oath depose and say:
My name is Napoleon Cantou. /
am "a years of age. I reside in east
Ration, New Mexico. The way I got
shot was: | was standing in front of
the store and Steve Cantou was stand
ing there, too. He was getting ready
to go to the ranch, when John Bar
mum came up to him and told him he
was under arrest. Then Steve asked
him to bring him warrant, which he
did not have. Then and there | told
him to produce a warrant and the boy
would go. John Barnum then grabbed
me and | told him TO turn me loose,
and | also ordered him away from
our premises. This was at half past
5 p m, the 18th day of May, A. d.
1909. And at about $50 a. m, the
next morning I went out to saddle a
horse for my little brother, who was
going to the ranch, and | met John
Barnum in the yard Lewis Martinez
was with him. When | got in the
yard | asked him what he wanted and
he answered-John Barnum answered
that he wanted Steve and that he
was going to get him. Then | told
l'him he could not come into the house
unless he had a search warrant or a
written warrant from Judge Bayne or
Judge Thompson. He, John Barnum
then took his gun out and shot at me
and the shot struck me- And then
! cross-eyed Lewis Martinez pulled out
a gun and started to shoot. Each one
both John Barnum and Lewis Marti.
nez, shot twice. | did not have any
gum Isaac Sandoval and Alfonso
Sandoval and Emilio Cantou, my
brother, were present at the time OF
the shooting l was close to the back
door of my house at the time John
Barnum shat me. / was inside the
house when he shot me. / gave John
| Barnum no occasion to shoot me.
made no threats to or at him. / was
! inside the door when / was shot, and
had no idea that he was going tc
| shoot, although he made the state
ment the night before that he was
going to kill either Steve or myself
had no gun either in my hands OF
about my Mon.
Dated at Ration, Colfax county, Ter
ritory Of New Mexico, this twelfth day
of May, A. D. 1909. (Signed)
NAPOLEON c. CANTOU,
Subscribed in my presence ant
sworn to before me this 18th day O.
| May, A. d. 1909.
ROBERT C. AFFORD,
| Notary Public.
There were present at the time O
the making of the above statemen
and declaration, John Morrow, Este
van Cantou and r. C. Afford.
]