El Paso herald. (El Paso, Tex.) 1901-1931, 1915-12-17
COUNT AGAINST
BACA DISMISSED
Remaining Count to Jury;
FL Paso Woman Says,
None of Your Business.

None OF Your Business.
Santa Fe, y. NJ. Dec. I7.-One Of the
two counts in the Indictment for con-
| spiracy against ElfegO Baca ct al was
/ dropped today by United states attor-
ney Summers Burkhart in the federal
court upon motion of attorney A B.
henehan TO dismiss the case The
J count dropped is the one charging con-
I spiracy to take Gen Salazar with viO-
lenee from the custody of the United
States marshal
Other Count to Jury.
The remaining count charges con-
/ spiracy to assist Salazar to escape.
Judge Pollock at the same time ruled
that the question of conspiracy is for
the jury and that it is better Tor the
I jury to pass upon it than for the court.
Jailer Carlos Armijo, on the stand.
/ told the story Of Salazar's escape on
! the nighr OF November 20, 1914 Mrs.
Celestino Otero Of Ell Paso, in response
reflected upon her, shouted: 1T is none
Of your business"
COrrects Testimony.
She returned to the stand to correct
band had met Elfego Baca on Novem-
Der 20, correcting il by saving il was
the 18th. and that Baca said to her
husband; Remember that you, Vigil
night
When pressed to explain why Baca
should have said BE at the Jail to-
night" when the escape did not take
place until the following night. she
said she was mistaken and changed
the reputed conversation TO BE sure
and be at the Jail tomorrow night"
Motion 10 Dismiss OveTrUled.
Judge Pollock Thursday overruled
a motion TO dismiss the case against
Trinidad C de Baca and several others
charged with conspiracy in connection
with the escape Of SalaZar.
The prosecution, after introducing
the 36th witness Thursday, rested its
case and the attorneys for the defence
indicated they would prove an abb.
The defence, it was stated. will prove
that de Baca was in Albuquerque on
the day of the escape, attending the
State Educational association, and that
the whereabouts of Elfego Baca and
NJ [. Nigil, district attorney, also de-
PENDANTS, made it impossible for them
TO have aided in the escape
Court Convinced of Conspiracy.
In denying the motion to dismiss
the cases. the court declared that he
was impressed with the fact that a
conspiracy existed, and added that il
was clear the government must rely
upon circumstantial evidence.
The witnesses put on the stand by
the defence included Carlos Armijo.
the jailer. who alleged he was over
powered. hit and cut by the masked
men, threatened with death, and tied
up before he had a chance TO defend
himself. Deputy sheriff Ramon Ortiz,
who declared he was in a distant sa-
loon with Trinidad de Bsca and ElfegO
sheriff Jesus Romero OF Albuquerque,
who testified regarding the character
Of Mrs Celestino OterO, star witness
for the prosecution
Previous to the defence testimony.
Monico Amanda. one OF the defendants
was dismissed on motion OF the district
Testimony in One Day.
Sixteen Of the 40 witnesses OF she
prosecution. testified in one day. Tues
day. Mrs F W Pierce at whose house
Mrs. Celestino Otero remained NoveTn-
Der 19 to %, 1914. testified = the bring
ing OF a bundle from the Rel Star and
the taking away OF the bundle by Otero I
and another man in an automobile. I
Later a small box of provisions was
brought and taken away. Otero came
to borrow SO or SIS from her. {
OterO was accustomed to stop at this !
place
Mrs Otero testified that Porfirio Ss- I
vedra came to e Paso with message !
from Vigil expressing regret over /
Otero's death, offering to give her a /
ticket to Albuquerque where she might 3
find work and where possibly the man +
who had killed her husband might be I
brought to justice
Miss Marie Espinosa said that on the 4
night of SalaZar's escape she had ac- /
Mr.. and Mrs. Trinidad c de 4
Baca. Mrs. Vigil and Mrs Otero to a I
motion picture show.
Hears scuffle During Escape.
Pedro Gurule testified that he was
It the jail at Albuquerque when Sala-
.ar's escape occurred He heard peO-
pie going upstairs and fifteen minutes
alter he heard a noise as Of benches
falling and men scuffling in a fight Z
Early in the evening. he had heard
sheriff Romero cry to ElfegO Baca;
What in the devil are you doing here
= this hOur2" Baca made no reply
Ind went upstairs
NJ. L Abers, druggist, heard outcries
Il the jail on the night Of the escape
md rushed over to find the jailer,
feeding from his hands and weeping,
ears running down his cheeks in pro-
usion-
DR.. W. W. Spargo testified that he
ressed ArmijO's wounds which were
merely slight cuts in the hand, requir-
ny no stitches and which might have
cen caused by grasping the blade OF
knife.
Deputy Is Called Away.
Dolores Muniz. guard at the Albu- {
uerque Jail, testified that on the night !
the escape he was called by tele-
hone to the White Star saloon to take
4 custody men who had been cut up |
4 a fight. Muniz found that no one
ad been hurt. Upon his return he
iscovered jailer Carlos Armiio hand
uffed. tied to q post and bleeding from
uts in the hand
Sheriff Jesus Romero said he had
cen Elfego Baca at the Jail early on
he evening of November 20. Baca (
-ent upstairs TO speak to the jailer and
eturned a few minutes later.
Mrs. OterO's story.
1t was Mrs. Otero's testimony Tues {
a that fha most iruDrpgGiTe- She ] !