Estancia news-herald. [volume] (Estancia, Torrance County, N.M.) 1912-19??, 1914-02-26
PRELIMINARY TRIAL
or HOLLOWAY
AND NJ k|NLEY.

Ham Holloway and Joe Mckinley
came up before Justice j.. H.
Wash in the court house Monday.
District Attorney H. B. Hamll-
ton was here representing the
state, and Fred H. Ayers ap-
peared for the defendants.
The prosecution put five wit
nesses on the stand-Reyes and
Mariana Quintana, father and
son; Diego Barela, Juan Chavez
v Gabaldon and Pablo Sanchez y
Benavides, the three last named
having been of the party with
Polidor Sedillo and Herculano
Chavez, the men who were killed.
The two Quintanas were at the
Mckinley house and went with
A. B. Mckinley to talk to the
approaching party.
The testimony elected referred
only to the actual occurrences at
the time of The killing, and moth
ing was brought out as to what
preceded.
The principal part of the testi'
mony was rot much different IN
substance from the version given
by the survivors of the Sedillo
party as published in this paper
last week. 1t was to the effect
that the party rode up to within
about ten yards Of the Mckinley
house, where they were met by
A. B. Mckinley, who stated that
he wanted to settle the matter
for his son; that Sedillo replied
that that was what he wanted;
that Immediately thereafter and
without further parley, the
shooting occurred; that four of
their party were armed-S Sedillo,
Chavez and Barela with rifles,
and Juan Chavez Y Gabaldon
with revolver; that as they ap-
preached the house and saw
Holloway and Joe Mckinley en-
ter the house for their guns Juan
Chavez said to the others of his
party, Get your guns" that
this was about half a minute be-
fore the shooting occurred; that
those who carried rifles had
them resting between their bod
les and the pommels of their
saddles; that Sedillo was shot be-
fore he dismounted, and that
Chavez was shot after dismount-
ing. Barela testified that Sedil-
10 had removed his right foot
from the stirrup and was lean
ing to dismount as he was shot.
Juan Chavez said that Sedillc
was sitting square on his horse
with both feet in the stirrups
as he was shot. All testified
that neither of the men killed
was putting up his gun to shoot
Juan Chavez said that he started
to draw his revolver, but fearing
he would miss, changed his minC
and put it back. Contrary tt
general expectation the state
made no attempt to show tha
the men who were killed ant
their companions were officers
attempting to serve legal pro
cess.
At the close Of the states tes
timony and after consultation
the defense concluded to suspend
it's case. This is said to hav,
been in part due to an under
standing that the court did no
wish to assume the responsible
ty of deciding the matter of bail
wishing that matter to be put u
to the judge of the district, an
would deny bail in any event
From later statements of the jus
tice this seems to have been
misunderstanding. However
this procedure is common in sue
cases and within the rights c
defendants. They bring out tn
states testimony as far as poss
BILE, and reserve their defens
until they get before a jury
the district court.
The defendants were remande
to iail without bail to await tn
action of the grand jury.
1t is quite probable that tn
matter ofbail will be taken up
habeas corpus proceedings.