Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1913-03-20
GALL0WS yEARNS
FOR THESE TWO
MUkDERERS
FRANCISCO GRANADA AND irwin
FRAZIER, ALIAS GATES MUST
PAY EXTREME PENALTY ON
FRIDAY, APRIL Is.
APPEALS 0vERRULED
BY SUPREME COURT


1913.
So the state supreme court decided
this afternoon in sustaining the decis'
ion of the lower courts in the cases OF
Francisco Granada, of Socorro coun'
ty, and of Irwin Frazier, alias John
Gates" also of Socorro county.
1t has been almost decade, 1t is
said, since a man paid the death pen
atty by the rope in this state. There
are now five prisoners in the state
Ienitentiary under the sentence OF
death, and some of these no doubt
still cling to the hope that their ap-
reals may yet save them. Two or
these five, however will hear sad
news tonight when they are inform
ed that nothing but a pardon can keep
them from paying the penalty OF their
crimes.
The crime of Granada was the muir
der Of clerk who refused to give him
q large sum of money kept in the
store. The crime of Frazier, alias
Gates" was different but none the
less serious. After a Jail delivery he
had been rounded UP and rather than
give up, he fought duel in which
two deputy sheriffs and one of his
companions were shot down as~ they
stood near their horses.
Extracts from the opinions handed
Gown in both of these murder cases
are as follows:
No. 1916, State of New Mexico, ap'
pellee, VS.. Francisco Granada, appel
liant. Appeal from the district court OF
Socorro county. Judgment of the
lower court affirmed. Decision by
Chief Justice Roberts and concurred
in by Mr.. Justice Parker and Mr.
Justice Hanna This is a murder
case. The defendant was tried by q
Jury and found guilty of murder IN
the first degree. His victim was Will
liam S. Clark who was shot in the
store of the Mogollon Mercantile
company at Mogollop. Socorro county.
The murder took place February IS,
1912. The court orders that the sen.
tence be executed on Friday, April 20,
1913. r.
Chief Justice Roberts says in his
opinion: Upon no proposition ma
terial to the establishment of the
guilt of the defendant was there LETT
the slightest doubt. The defendant did
rot testify. and the only evidence Of
Tered on his behalf was the testimony
of two witnesses to the effect that ne
lad. before the commission OF the
crime. been a hard-working, lndus'
,rious man. The fact, however, woulc
not excuse or eXulpate the crime or
save the defendant from the punish
ment prescribed by law
Case No. 1902, State of New Mexico,
appelle, VS.. Irwin Frazier, alias "John
Gates,' appellant. Appeal from the
district court of Socorro county Juog-
ment of the lower court is afhrmed
and the sentence is ordered executed
April 25. 1913. The decision Is by Mr.
Justice Hanna, and is concurred IN ov
Chief Justice Roberts and Mr. justice
Parker.
This was conviction of murder
iu the first degree. The appellant was
arrested in August, 1911, in Demlng'
Luna county, charged with burglary
On November 7 he was delivered from
iail by John and Reynold Greer, two
former companions. They procured
horses and tried to escape, posse
following. The posse trailed the fugi-
tives for 100 miles, overtaking them
ct Adobe ranch, in Socorro county
The sheriff stationed Thomas Hall and
AL Smithers at point overlooking
the main gate of the ranch. A duel
1nsued with Winchester rifles. The
result was that Hall and Smithers and
John Geer, one of the fugitives, were
killed. The appellant and Reynolds
made their escape The appellant got
as far as Ell Paso and was captured.
In his opinion Mr.. Justice Hanna
says: This appeal involves the life
OF human being, places a heavy re-
sponsibility upon US and in our effort
to fulfill our duty in the matter we
have carefully read the entire record.
After our deliberate examination of
this record we cannot agree with the
first contention of appellant. We think
it fully and sufficiently sustains the
verdict. 1t is for the jury to pass up.
on conflicting testimony and determine
where the weight and credit lays
The justice further adds that new
trial may be granted the accused
where he is accused on insufficient
evidence "but the verdict of the jury
will always be entitled to great weight
with the court and will not be set
aside because the court is not satisfied
1eyond all reasonable doubt of tbs
guilt of the defendant"