Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-02-08
Vigorous Protest Against Fail
ure Of Police Committee to
Investigate the Shooting Of
Vargas.
WITNESSES DIDN'T NJ
COMMITTEES DEFENSE
Motion of Alderman HanIey
for Thorough Investigation
Turned Down. Committees
Report Adopted,

Policeman Antonio Guavara. vino is
under $4,000 bond to await the ac-
ton of the grand jury. charged with
the shooting of Antonio Vargas sew
eral weeks ago, in the course of
Poundmaster Hunters attempt to
take Vargas horse to the city
pound, will continue to serve in active
6uty on the police force. According
TO a statement made in the council
last night, Vargas, who is still a pa
tent in st. Joseph's hospital, is
in n dangerous condition and may die.
Although there has been no inves-
tigation of the case by the council
or N of the city officers, or, in fact,
by any other competent authority.
since Guavara, on the advice of the
city attorney. waived a preliminary
hearing the council last night adopt
cd a report of the police committee
to the effect hat it could not find any
ground for s%uspending Guavara, al
though the report stated frankly that
the only testimony the committee
had heard in connection with the case
was the policeman's unsupported
statement given at the committees
hearing some days ago. The commit
tee stated further that the reason it
had not made a more thorough in
Quiry was because the witnesses it
had notified of the hearing had not
come; and attached to the report was
a statement of chief OF Police Me
Millin, certifying that he had notified
a list OF persons that the committee
was to hold a hearing and asking
them to come. In this statement the
chief rencated his assertion that he
had been told by Attorney Modesto
ORTIZ, who represents Vargas, that he
had advised witnesses not to come
and that the district attorney, Mr..
Klock. had told him that the city
council had nc authority to summon
witnesses.
Mr.. Klock has since stated that he
did not advise witnesses not TO come
and that he considered the council
had fun authority to summon witt
nesses.
The language OF the report in find
ing the conclusion was. that from
the evidence submitted we do not
find sufficient cause to suspend the
officer
Mr., lIanlev Immediately wanted to
know why the witnesses had not been
summoned. He said he thought the
committee had probably attempted TO
act without full authority from the
council ana that undoubtedly through
an oversight the council had neglected
to give the authority necessary to
summon witnesses and pay fees If
He thought q thorough
investigation should bn made, since
the matter was Il serious one Mr..
Hanley stated hat Chairman Auge OF
the police committee had told him
that Vargas. the injured man, was in
a dangerous condition and that he
might die.
Since the committee had taken
only the statement of Guavara, he
thought it should be continued with
full authority to summon witnesses
and carry on a complete invostiga-
tion into the case.
Mayor Lester stated that no formal
had been brought against
Iiuavara in the council and that the
police committee merely volunteered
the investigation out of a sense of its
duty in the matter: that all the wit
nesses had been asked to come II
had not done SO. and he thought the
committee had done all it should in
the matter. Mr.. Hanley insisted that
investigation should be made,
on Alderman Neustadt's motion TO
adopt the report. the motion was car-
ried, Aldermen Neustadt, Coen, Auec
and Beaver voting yes, Mr.. Hanley
no.
Ladies, beautiful souvenirs. Gem
ihpntpr INDIA N'c matinee