Las Vegas optic. (East Las Vegas, N.M.) 1908-1921, 1913-05-26
HE KILLED SHERIFF'S SON
GABRIEL eALLEeos, THE VIC
TIM, WAS SLAIN COMING
FROM At WEDDING.
INTERESTING LEGAL POINT
DISTRICT ATTORNEY ASSERTS
FELONY RESULTING IN FA-
TALlTY Is MURDER.

The district court this afternoon
momentarily expected verdict in the
case of Ramon Garcia, charged with
the murder Of Gabriel Gallegos at
San Jose on May IL. The taking OF
testimony and argument Of counsel
was completed at 1855 o'clock this
morning. Judge David J. Leahy at
once began mis- instructions to the
jury, which required about 20 nm
utes. Judge Leahy briefly outlined
the crime Of murder, with which Gar
cia was charged under the indict-
ment on which he was tried He told
the jury what circumstances to
weigh most carefully in arriving at
verdict. The jury then was told to
retire to its room.
AT 2:3O o'clock this afternoon the
jury was still deliberating, though it
was expected verdict would be re-
turned soon.
Saturday afternoon AMI this morn
ing was occupied principally by the
defense. Garcia took the stand and
told Of firing his revolver in the air
as wedding party was coming out
Of the parish church at San Jose on
the morning Gallegos was killed. He
declared he did this as a celebration
Of the happy occasion. Garcia SAID
that as he was lowering his weapon
it was discharged accidentally, the
bullet striking young Gallegos. Gar
cia declared that he ana Gallegos,
who was an adopted son of Sheriff
Roman Gallegos. had always been the
best of friends, and had never quar-
relied. He clung to this story In the
face of strenuous cross-examination
by Disarict Attorney Charles W. &.
Ward.
In his closing argument to the
jury this morning Mr.. Ward brought
out a phase Of the law that is not
generally known. 1t is to the effect
that a person who fires of a weapon
feloniously and is thus the cause OF
the death Of another person, is guilty
of murder, no matter if the killing
was entirely accidental. Mr. Ward
told the jury that Garcia, by his own
admission on the witness stand, had
committed a felony by firing his re
volver in a settlement. The district
attorney, on this ground, pleaded for
verdict of guilty. It was stared
about the court room that verdictl
Of first degree murder might be
brought upon similar grounds.
John D. W. Veeder, attorney for
Garcia, made an eloquent and logical
plea in behalf Of his client. Mr..
veeder fought throughout the entire
case a legal battle characteristic Of
his energy and determination.
The grand jury late Saturday af-
ternoon returned five indictments.
Two true bills we're directed against
John Mills and James Bell. charged
with perjury in the cattle stealing
case Of John Lumpkin and Louis
Roberts, which was tried at the No
vember term OF the district court.
These men were the principal WIT
nesses for the defendants, who were
convicted after long and hard
fought trial The men this morning
pleaded not guilty and the case was
set for trial on Wednesday.
An indictment was returned
against Vivian Chavez, charging him
with arson. Chavez is alleged to have
set fire to a small building belonging
to one Of his neighbors. He pleaded
not guilty when arraigned this morn
ing. Chavez's case will be called for
trial during the present term Of
court, It is understood.
An indictment was returned also
against Fidel Baca. who IS accused
Of assault with a deadly weapon.