El Paso herald. (El Paso, Tex.) 1901-1931, 1912-05-16
MURDER CASE BEING
TRIED At HILLSB0R0
Man Who Killed Another at
Belen Is on Trial In
Sierra County.

Hillsboro. n. NJ. May 16.-The case
of the state vs. William owens. indicted
on a charge of the murder Of a Mexi-
can at Belen. where he was employed
as special officer Tor that company.
brought here on a change of vanue
from Valencia county, ended today
in the seventh district court before
judge MeChem.
The jury was charged to find an ac-
Qulttal or voluntary manslaughter-
The jury went out at p. m. Wednes-
day and remained till a. m. Thurs
day. The court sent 1t back for re-
consideration. The Jury returned at
noon, still undecided and the court dis
charged the jurymen and continued the
case 20 the fail term Ten MeXicans
and two Americans were on the jury
and It was a race issue, nine being for
conviction and three for acquittaL
The first witness was O. H. k1ndar,
OF FL PasO, foreman of a bridge and
construction gang Of the Santa Fe- bis
story, which was substantiated by the
eight witnesses who followed him was
practically as follows:
on the 23d day Of December, 1911, Mr.
kindar was in the Belen station with
owens when they noticed a Mexican
either intoxicated or asleep. lying over
one Of the chairs in the mems waiting
room Owens approached him and
shook him gently, but getting no re-
spenSe- lifted him TO his feet The
Mexican thereupOn swayed back bit
and in q seemingly dazed manner at
tempted to strike owens, who In self
defence struck him on the head with
a billy The man 1ell to the moor, from
which. with the assistance Of a baggage
room emplOye, owens dragged him out
side the station. Shortly after, on re-
covering his senses, the Mexican rose
and when on his feet, owens showed
him along away from the station, tell
ing him TO cross the acequia and leave
the property. This command he had
rTFr..
man appeared TO comply but evidently
changed his mind and turned back
toward owens in manner which the
latter considered threatening, as the
man had his hand in his pocket as
though about to draw a gun or a knife.
Owens thereupon fired two shots at the
Mexican and he fell MORALLY wounded.
SaturniO Baca, now superintendent OF
schools for Valencia county. but former
justice Of the peace, testified regarding
his concern in the matter, he having
acted as justice Of the peace before
whom the preliminary hearing was
held Sergeant John W Collier Of
the mounted police, told Of the sur
render of Owens.
DR.. F. l. Given. of Hillsboro. was
called but on objections and exceptions
of the defence, was not allowed 10
answer even a hypothetical question
The court appointed Max L. Kahler,
". o. Thompson and GarinO SedillO,
jury commissioners.
YsidrO Martinez. Louis Flores and
Jesus Barella were arraigned for -four
ishing deadly weapons having some
months ago ridden through the streets
OF HillsbOrO, singing and making a
great show Of fire arms. Martinez
pleaded guilty. All the cases viii be
taken up later in the week
The hearing OF the case Of ". A.
Fleming Jones. ct al stockholders VS.
The Victoria Chief Copper Mining and
Smelling company, has been postponed
for three weeks, and II. p. owen ap-
pointed by the court as referee.
Jose Barels- a well known Mexican
character Of Hillsboro, was tried on
two indictments the first being for
second for hourishing a deadly weapon
in a threatening manner. He was
found guilty on the second count.
From the testimony # seems that
Barela and a neighbOr. PetrOnelO Gar
cia, had some controversy about a
couple Of burrOs that Barela had sold to
Garcia and Barela armed himself with
q pistol TO shoot rabbits" and called
on Garcia and demanded the burros or
payment for the same. Garcia demurred
and after some conversation Barela,
who is q one legged man, descended
from his burrO, showed a revolver and
approached Garcia A scuff1e ensued
during which, according to some,
Barela Intentionally fired. while others
assert IL was accidentally. Pedro Car
over to gather some rocks with which
to go to his parents assistance. was
shot. the bullet inficting a flesh wound
Of such nature as to make standing
a more comfortable position than sit
ting.