Las Vegas optic. (East Las Vegas, N.M.) 1908-1921, 1913-05-27
PRISONER is SURPRISED
EXPECTED AN AcQUlTTAL; HIS
ATTORNEY FILES MOTION
FOR a NEW TRIAL
The FOX CASE SATURDAY
JUDGE LEAHY ovERRULEs MO-
TloN FOR CHANGE OF VENUE
IN LIBEL CASE


Guilty of murder in the second de-
gree was the verdict returned late yes
terday afternoon by the jury in the
case of the state against Ramon Gar
cia, charged with the killing Of Ca
briel Gallegos at San Jose on May IL.
The verdict came as surprise to the
prisoner, who confidently had expect
ed an acquittal.
John D. w. Veeder, attorney for Gar
cia, announced that he would make a
formal motion for a new trial Argu-
ments on this motion win be heard
sometime this week, it is said.
The trial of Garcia occupied the at
tention Of the court during the closing
days of last week and until after noon
yesterday, when the jury was instruct
ed and began its deliberations. 1t was
a hard-fought case, and excited CON
siderable interest in Las Vegas.
The killing Of Gallegos, who was an
adopted son Of Sheriff Roman Gale
gos. occurred in San Jose on May 70.
While wedding party was coming out
of the village church Garcia appeared
and fired two shots with his heavy Az
caliber revolver. The first time he
fired the bullet went into the air The
second missile struck Gallegoc in the
side, plowing through his heart. The
young man died almost instantly.
Garcia stated that the killing was
purely accidental He soaid he was
celebrating in honor of the bride and
groom, and that he had no idea of kill
ing or hurting anybody. He told this
story upon the witness stand, and add
ed that he and Gal1egos always had
been the best Of friends.
The states case, as presented by
Charles w. g. Ward, was that Garcia,
in shooting weapon in a settlement,
had committed felony; one who kills
another while engaged in committing
a felony, no matter if he does so acci-
is guilty Of murder The state
also attempted to show that Garcia
had planned the murder One witness
testified that Garcia, preceding the
killing, had told her he had failed to
get" Garcia at the last wedding but
hat he would do better Job this
time. II
The case was carefully tried and the {
Instructions Of the court were stated
o have been somewhat more favor |
lbIe to the defendant than to the pros t
,oution. It is believed the defense will b
lave difficulty in presenting a valid b
eason for the granting Of a new trial. t
The Fox Case g
After hearing the argument of Attor- e
icy Albert 7. Rogers. J., for a change
i venue in the criminal libel case q
Igainst NJ i. Fox editorial writer for \
he Albuquerque Journal, which was S
esisted by District Attorney Charles t
n, G. Ward, Judge David J. Leahy a
afternoon overruled the mo,
ion and set the case for trial on sat. c
Tday morning Of this week.
In his efforts to secure a change OF
-enue Attorney Rogers endeavored to
,rove that there is prejudice against E
he Albuquerque Journal in San Miguel ?
county. Colonel R. e. TwitcheII and S
Lieutenant Governor e. c. DeBaca ap- c
,eared as Witnesses for the defense.
The grand jury yesterday afternoon B
an Indictment charging DAN '
el A. Mcpherson, president Of the
'ournal Publishing company, and MI
FOX with criminal libel. The charge
) the publication last November Of an 4
rticle alleged to have libelled Apolonio G
L sena, a resident Of this county. Q
his is the same charge upon which 2
fcPherson and Fox we're indicted last y
al, and practically identical with tie =
barge upon which Fox separately was s