Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-02-07

der case Of the adjourned session was
on trial when Il adjourned at the
week end, that Of smoky Miller.
who is charged with n murder at Du-
ran some months ago. This case
promises to be an interesting ana
nard fought one.
The Estancia News thus reviews
the other cases up this week:
The first cases called were Two
against Hilario @. Martinez, charged
with attempting to bride an officer,
After the jury had been examined,
the court decided that the alleged
crime was a misdemeanof ana not a
felony, whcreupon the JurX Was WaiN-
ed and court proceeded with the trial.
Doroteo Torres ana Jesus Maria Pa
dilla testified that they had seer the
defendant accept two dollars from
each OF I've men, after the two had
oeen arrested for violation Of the
gambling law, ana the two were there
upon released by the defendant who
held a commission as deputy sheriff.
A third witness for the prosecution
could testify to nothing further than
he had seen the defendant in COM
pany with the two men. Several Wit
nesses for the defense testified that
there had been 10 gambling at the
time and place alleged, no arrests
were made by the defendant. and con-
so%qucntly no money had been paid for
the release Of the parties under arrest.
The stories as told by the two sides
were diametrically opposed to each
ether. The case was submitted to the
court without argument on the part
of either the prosecuting attorney nor
Mr.. L%arrazoia, who represented the
defense. After summing III the eVi-
dence. tho court taking into consider
alton the character OF the two wit
nesscs. Torres ana Padilla, both Of
whom are under Indictment on two
charges, discharged the defendant In
doing so. the court took occasion to
express himself In regard to witnesses
who take the witness stand ana pro-
coed to make testimony, apparently
perjuring themselves from start 20
finish. 1t will be remembered that
within the past few weeks, Doroteo
Torres was arrested as n of the
gang which entered and robbed the
house of Epifanio viii near P%rogreso,
ana is at the present awaiting the ac-
ton of the grand jury on this charge,
having been committed to jail, in de-
fault Of bail.
The cases aaglnst Doroteo Torres,
numbers 124 and 1875 on the court
docket. charging violation Of the sun
day and gaming laws was called next.
After the taking of testimony both
the territory and the defendant, the
ease was given to the jury raily in the
evening of Wednesday. About eight
O'Clock the jury reported to tha court
tFat 4 r4,.l4 ..t gts. nY.- a Nf4FHfaf |
After further instructions the Jury
was sent back for further delibera-
tons. and on Thursday morning re-
ported q disagreement.
The case of the territory VS., Andres !
ParaIta, charging assault with intent
Kill, was called, the jury empanel-
ed and the taking of testimony pro-
ceedcd. District Attorney Abbott rep
resented the territory, while Hon. r.
A. Mann, represented the defense.
The ease of the Territory vs.. Ross
Whitlock, charged with manning cat
tie, was continued to the next term or
court.
In the case Of the territory VS.. En-
mis- Flesher, upon the charge OF SELL
ing liquor to minors, the plea OF mot
guilty" was Withdrawn n a plea OF
guilty entered. The court assessed q
fine of $40 and costs.
Counsel for Seborn Nisbett. chare-
ID with assault and attempt to rape.
gave notice of intention to file motion
or continuance.
This morning . Jury was secured In
he case Of the territory vs.. Nicholas
sisncros. charged with larceny OF I've
stock. The court directed the jury 10 Z
.eturn a verdict OF not guilty. Z
Just before noon today the Jury in !