The Estancia news. [volume] (Estancia, Torrance County, N.M.) 1904-1912, 1910-02-04
SMOKY MILLER ON TRIAL
FOR MURDER HT DURHN
District Court in Midst of Busy Session Several Cases Disposed
Of others are Continued for the Term. Court Makes
Good Headway toward Clearing Docket
GRIND JURY CONTINUES ITS WORK

= District Court met on Monda
: morning in adjourned session
with the Hon. John r. McFie
presiding. Clerk F. w. Shearon
Interpreter Read, Sheriff Meye
and Stenographer Mrs. McNit
were at their posts. Upon call
ing the grand and petit jurieI
several members failed to re
spond. Other names were drawr
from the box, the parties sum
moned and the venires complet
ed.
The first cases called were two
iagainst Hilario O, Martinez,
charged with accepting bribe as
Ian officer, After the jury had
been examined, the court decid
ed that the alleged crime was a
misdemeanor and not a felony,
whereupon the jury was waived
and the court proceeded with the
trial. D6roteo Torres and Jesus
Maria Padilla testified that they
had seen the defended accept
| two dollars from each Of two
men, after the two had been ar
rested for violation of the gambl-
ing law, and the two were there
upon released by the defendant,
who held a commission as deputy
sheriff. A third witness for the
prosecution could testify positive
ly to nothing further than he
Ih ad seen the defendant in com
pany with the two men. Several
witnesses for the defense testif-
ed that there had been no gambl-
ing at the time and place alleged
no arrests were made by the de
fendant and consequently no
money had been paid for the re-
lease of the parties under arrest.
The stories as told by the two
sides were diametrieally opposed
to each other. The case was sub
mitted to the court without argu
ment on the part of either the
prosecuting attorney nor Mr.
Larrazola, who represented the
defense. After summing up the
evidence, the court taking into
consideration the character of the
two witnesses, Torres and Pa
dilla, both Of whom areunder in
dictment on two charges, dis
charged the defendant. In do
ing so, the court took occasion
to express himself in regard to
witnesses who take the witness
chair and proceed to make testi
mony, apparently perjuring them
selves from start to finish. 1t
will be remembered that within
the past few weeks, Doroteo
Torres was arrested as one of the
gang which entered and robbed
the house of Epifanio Will near
Progreso, and is at the present
awaiting the action of the grand
jury on this charge, having been
committed to Jail, in default of
bail.
The cases against Doroteo Tor
les, numbers 124 and 125 on the
court docket, charging violation
of the Sunday and gaming laws,
was next called, After takin2
testimony both for the territory
and the defendant, the case was
given to the jury early in the
evening of Wednesday. About
eight O'Clock the jury reported
to the court that it could not
agree on a verdict. After fur
ther instructions the jury was
sent back for further ,delibera
tions, and on Thursday morning
reported a disagreement.
The case of the territory VS..
Andres Paralta, charging assault
with intent to kill, was called,
the jury empaneled and the TAX
ing of testimony proceeded. Dis
trict Attorney Abbott represent