Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-01-22
COMMITTEE
HEARS GUAVARA
STATEMENT
NO OTHER WITNESSES
EXAMINED BY C0UNClLMEN
Begins and Ends With
Statement Of Accused Off
Ger; win Report at the Next
Council Meeting,

= Council Meeting,
The police committee Of the city
council met last night in the council
chamber for what had been
ed ~ q hearing IN the case of Police
man Antonio G%uavara the officer nov
held TO the grand jury under $4,o0o
bend on e charge of assault with in
tent to xiii Francisco Vargas IN the
fight following ihe effort ~ Dog
Catcher Hunter te take tile Vargas
morse TO the city pound On saturday.
January Sth-
The hearing consisted solely Of a
statement 81 his side OF the case made
70 the committee by officer Guavara,
no other Witnesses being questioned.
The only other witness competent TO
give testimony in the case who was
present WAS the dog catcher. Hunter,
no was not questioned.
Councilman Henry Auge. the chair
man OF the committee. who presided.
stated that 4 request had been made
10 other witnesses Of the shooting 10
be- present but That since none had
come ne aid not see how the commit
tee could hold an examination. In
this the other members Of the com
mittee. Caunciinen Neustadf M Coen
agreed with him. City Attorney COL
inns and Chief Of Police McAIillin were
present. Tire city attorney stated that
il was his understanding that the Wit
nesses competent to give the Vargas
sidc OF the ease had remained away at
the advice Of the district attorney.
The result was that the hearing WAS
a simple hearing OF Gnavara's state
ment and was not an examination IN
10 the ease in any sense. Chairman
Auge announced that the committee
would present its report to the next
regular meeting 81 the council and in
dictated that the matter would be put
mp 10 the council for action.
Guavara'~ Statement.
Policeman Guavara. wko Is still
serving on regular police duty. made
"A clear, concise statement OF his side
O the case, which was taken down by
Alderman Nuestadt who acted as sec
Rotary of the committee.
Alter detailing the well known cir
cumstances surrounding his Journey
out to the city limits with the dos
catcher, TO serve dog tax warrants. and
Hunters discovery Of the horse which
ne thought a fit subject for the city
pound, Guavara said.
While ] was gone to serve . var
rant, while Hunter went after the
horse Vargas and his son came and
took the horse away from Hunter By
force. and as I saw that the city ord
nance was being violated 1 proceeded
to make the arrest Cof young Vargas).
He CCamilio Vargas resisted with all
his physical force and then. after the
old man had one to the house with
the horse he came back and inter-
enc Ak soon as he got there. After
! had old him that | was an officer
OF the Law several times he expressed
himself that ne didn't rare and that
Was not going to take his son To the
station. And when he said that, in \
very angry manner. he faced toward
and made a threat to me and putt
ting his hand to his hip pocket. cali
ing me vile names. he stepped toward
two or three steps saying. what
VIII J be doing and still holding his
hand OF his hip pocket.
AS ne had already gone To he
house and was coming from the house
he saw me and his son strug-
FLING there | was almost positive that
had q weapon of some kline and
hat he was determined TO use il TO
reNent the arrest OF his son.
Il shot 20 his arm then. To prevent
from killing me. and to prevent
ne having TO Kill him. as would have
'een the case had he got the gun out.
n whatever he had
AT The beginning OF his statement
iuavara had stated to the committee
hat it %afterward developed that var
as did not have a gun.
Concluding his statement Guavara
ail.
Il never intended 10 kill him war
asl only tried TO save my life and
is life. too, il ! could Eut / felt il
~ duty TO execute the law and | felt
nat ! was within my rights and that's
reason I did it. l do not know az
ny more that | could say as to the
natter"
Was there anyone around at the
me asked Alderman Coen at the
inclusion OF the officers statement.
Yes, said Guavara. some of his
and friends. They seemed
be IN his favor"
City Attorney Collins. Did any Of
lose who came out 20 anything To
iiet the disturbance y"
Yes. said the officer. One person
nom l do not know urged him not
resist N go along"
How many people were there on
le ground asked Alderman Auge.
Il could not say" replied the Off
r.. Before the shooting not MANY.
iter the shooting quite = few
Gentlemen. said Alderman Auge.
concluding the meeting. you have
the officers report. AS long
the other side did not appear there
ems nothing more we can do. II the
her side had appeared here we
light have had a thorough eSamina-
N. | do not see how we can do 50
thout them"
ON AR Neustadt's motion the meet
: adjourned.
The busiest and mightiest little