Albuquerque morning journal., 1916-01-19
HUTT0 HELD To
GRAND JURY ON
ASSAULT CHARGE
Preponderance of Evidence
ContradictS Statement That
CaubIe Visited Hutto Home
Last Friday Night,

In his double header yesterday
morning in Justice George ii. Craigs
court Claude Hutto broke even. The
charge of wife beating against him
was dismissed, but he was bound
over to await the action of the grand
Jury ON the charge of assault with
deadly weapon. He gave $500 bond
for his appearance in the district
court.
A statement said to be in Hutto's
handwriting which Mrs. Hutto ad-
mitted she had signed, was intro
duced According to this statement
George w. Cauble was at the Hutto
home about II o'clock last Friday
night John w. IIilliard neighbor
of the Huttos, had attested the sig
nature Of Mrs. Hutto, but said he did
not know the contents of the state
ment. II was written on the backs
of envelopes.
But Caublc Was at Party.
Cauble the complainant against
Hutto however was at a party last
Friday night, according to his testi-
mony as well as that of Miss Madge
Calvert and her brother. Leonard. IT 4
was the first party he went to in six
years,
Cauble traced his whereabouts !
from shortly after 7:30 o'clock Fri !
day night until 1880 o'clock Saturday
morning. According to Miss Calvert
and her brother they left their home
with Cauble in taxicah about TAO
o'clock Friday night, went to 1045
North Eighth street to get Miss Roy
Ian and then the four went to the
party ut 1911 North Second street
Miss Calvert swore that Cauble was
at the party until they left together
for home.
W. \. keIchcr Prosecutor.
According to w. \. keeher. acting
prosecuting attorney, because Hutto
was employed until short time ago
in the district attorneys office. a
dozen persons We're at the party. !
Miss Calvert her brother, Leonard, !
and another brother, Doyle, were the
only witnesses called to support eau
ble's alibi. other evidence from per-
sons at the party would have been
merely cumulative Mr.. Keheler said
after the hearing
Further testimony was to the ef- |
feet that Cauble took Miss Calvert
and Leonard home in a taxieab, ar
irving at the Santa Fe hotel, where
their home is. about midnight. eau
pic who also lives at the hotel, then
Went to his room. Doyle Calvert, Il |
nigh school student, testified that he
went TO Cauble's room and that they
talked together until 1880 o'clock in
me morning when he left to catch
santa Fc train No. 8.
Tells Of Alleged Assault.
CNublc said he knew IIutto five
months and TINT he had haen like
brother 20 him. He said Hutto slept
ana ate at his house when duck hunt
ils ana when court was in session
mere Cauble is foreman of the
southwestern Land and irrigation
eompany's big ranch near Los Lunas.
Ieslifying about the alleged assault
~ llutto, Caublc said he was riding
~ huilos automobile. Near the Bar
oNS bridge, Hutto accused him of
o''aNlng up his happy home, accord
nls to Cauble. The car rolled on
"'''c way and then Hutto stopped the
engine said Cauble. The ranch fore
man testified that Hutto reached in
us oVercoat pocket for a revolved.
M"nch ne thought was "A or As cal
ne' weapon, and started to get out.
"uple SAID he took hold of the gun
wy" one hand and struggles with Hut
70 with the other.
hutto says lie Had No Gun.
"Noorulng to Cauble, they struggled
'"' twenty minutes when four ma
e9 came along. He asserted that
a1'.o ealled to them in Spanish. say
~ 9 u,at nc was being robbed Cauble
ousn' one of the natives, on horse
~ reached back to get gun and
'"h 10 the east end of the bridge,