Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-01-21
IS FINED
FIFTEEN AND
COSTS
Guilty by Judge Craig of
Resisting an Officer VIII
Take an Appeal TO District
Court.

Camille Vargas. the boy arrested on
Il charge Of resisting an officer on Sat
urdaN. January y when his father.
Francisco Vargas, was shot and seri-
ouslv wounded by Policeman Antonio
Gunvara, IN the fight following Dog
Catcher Hunters attempt To take the
Vargas horse in the city pound, was
fined sl5 and costs by Judge Craig
followmg a hearing in police court
Yesterday morning Young Vargas
viii appeal the ease. according to n
statement made by him Yesterday
The charge against Vargas was that
OF resisting the dog catcher, While the
latter WAS seeking 20 take a horse be-
longing to the Vargas family TO the
city pound The defense VAS that the
horse was outside the city limits when
Hunter took il; that Il was not a stray
since IL WAS being watched and that
Hunter went outside his authority in
seeking 10 take 1t up. Modesto ortiz
appeared for Vargas and w. G. Hea-
cock conducted the case for the city
city AttorncV Collins was also present
during the hearing, The case rested
upon whether or not the horse was
inside the city limits when taken up.
Hunter. the first witness for the prose
cution. testified that the horse was
well inside the city limits and in this
he was supported by the policeman
Guavhra. VINO VAS with him At the
time and Who responded to Hunters
call for help when the two Vargas men
sought To prevent his taking the AMI
NAL away. 1t was IN the sQuabble fol-
lowing that G%uavara shot the elder
Vargas.
Joseph oliphant, a. Rcavis, q dray-
man. and others living in tho vicinity
were introduced TO testify that they
had seen the horse inside the city
limits before. The testimony given by
MIR Onnhant. who lives at Fourteenth
and Kew York avenue, VAS the strong
est in behalf of the prosecution oil
lphant tcstlfsiue that he had driven
the horse away from the alley behind
his house where the Oliphant COW Is
kept tied mp and where 1t is fed. lie
testified that tho horse came TO the
-lmprovised feed lot 10 share the feed
with the COW.
The testimony of young Vargas and
his mother WAS ia sharp contradiction
To- that OF Hunter and the officer.
Vargas testified that he had just fin
ished feeding the horse. that IL was
accustomed to remaining about the
place without being tied up and that
az the time Hunter took IL tho animal
was inside "a brick yard. which All the
testimony agreed was outside the city
limits
An mterestine line of the testimony
was that given by GuaVara. whose
connection with tho matter has proven
most serious. since he Is now under
Woo bond 10 await the action of the
grand jury for shooting the elder Var.
gas eualarn testified that Hunter
lctllcd his attention to the horse, while
thyy ,vcr, driVinr hv on their way &C
scrye SOME dog tax warrants and that
ne. Guatara. advised Hunter not "a
take it up. since he Thought II as not
Ia stray and WAS probably doing ne
harm Hunter. however. Insisted that
since "a. horse WAS inside the cits
limits ho htd tne rght to take u up
Hunter himself testified that IL was
ithc cldor Vargas and NOT the ycunl
defendant whu struck him IN IN,
rourse at ths argument Hunter alss
Testified that young NUrEas swore al
lhim nnd replied o. him in English
Narlas testified that he cannot speal
lEullsh ar an ANA al his testimony
Wls taken through an Interpreter.