El Paso herald. (El Paso, Tex.) 1901-1931, 1917-06-04
JURY ACQUITS
NJ. c. GUERRERO
Takes Nearly "a Hours to
Reach Verdict; Prisoner
Weeps for JOY.

After being out approximately "a
hours, the jury in the case Of the
state against NJ. C Guerrero, city de-
tective. charged with murder in the
s4th district court in connection with
the death of Ernest Miller, returned
a verdict at o'clock Sunday evening
Of not guilty
The case went to the jury at S:25
Saturday evening. Sunday evening
E. D. Park, foreman of the jury. made
a request TO judge W. D. Howe for
additional information regarding his
charge and the court reread certain
portions of It
When the foreman read the YER
dict Guerrero broke down and cried.
Neither Mrs. Guerrero or relatives or
the boy were present
Guerrero was charged with the
death of Ernest Miller, who was shot
and killed near the Southern Pacific
railroad wrecking shed January 80.
He was attempting to escape from city
detectives, who had arrested him on
a charge of burglary, when he was
shot. Guerrero testified that he did
not mean to kill Miller, but after
desperate struggle with him shot az
his legs and theb ullet entered his
hin. inflicting a wound which caused
his death later.
officer Avaunt Testifies-
When court reconvened Saturday
afternoon detective Tom Avaunt was
the first witness called by the de-
fence. He gave practically the same
testimony in describing the arrest
of Ernest Miller, his escape and how
he fired at him, as he did Thursday
at his own trial when he was &C
Quilted on a charge of assault with
=-4a,4 to Kill The witness said that
when he saw Guerrero following the
shooting the defendant was covered
The testimony of detective Joe
Boyd at the preliminary hearing was
read He testified that he tried 10
arrest Miller prior to the shooting
and that he escaped from him
J. n. Allen, a Southern Pacific rail-
road employe. testified that he heard
shots fired and that he saw Miller
run from the wreeking shed and ran;
The defendant then walked out OF
the shed, he said. and waved him
back with his revolver as he was
walking to where Miller lay
Guerrero Tells of Encounter.
NJ c. Guerrero, the defendant, tes-
titled to running after Miller, who, he
said was going in the direction Of the
G. H. shops after he had heard shots
The witness said he thought Miller
had shot detective Avaunt. He said
he jumped over fence after Miller,
who ran into the Wrecking shed. The
witness testified that when he en-
tered the shed Miller ran over him
and the two fell to the ground
Guerrero said he fired several sig
na9 shots into the air as they were
wrestling in an effort TO attract the
attention of the officers He said
that Miller started running from tue
shed and picked up what he thought
was q piece of iron. AS he did so,
the witness said. he fired at the de-
ceased's legs while he (GuerrerO)
was staggering and his eyes blinded
with dust. He said he then saw Mil
Ter run out the door and fall
Guerrero's testimony showed he
was from Tampico. Mexico. His wife
and baby appeared in the courtroom.
Had No Trouble With Miller.
Mrs. Emma Webster, probation Of
ficer, testified that she had Miller in
several times and that she
lid not experience the slightest trou- !