The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1917-04-16
MAZON CASE ABOUT
TO GO TO THE JURY,
SUMMING UP BEGINS
Prosecution Argues That Evi-
dence Shows Gonzales Wash I
Following Macon, but Trying to
Keep Out of His Way.

Summing mp N the trial OF Lcopoldo
Macon for the alleged murder OF
Patsy Gonzales was begun by counsed
In the district court this morning
When court adjourned az noon Neil u.
Field. FOR the defense. had used an
hour OF the two hours allotted TO him.
Assistant District Attorney j. A. Miller
had spoken an hour and two hours
more Of summing up was expected this
afternoon.
In his address to the jury MIR. Miller
said that the evidence showed con
clusively that Gonzales was trying tc
keep out of Mazons way. not follow
ing him: and IL was impossible TO
make out case of self defense for
Macon. Mr. Field said the evidence
established beyond all doubt that Con
zales was following Macon ana WAS
unquestionabiy shot in self defense.
In his charge to the jury Judge Ray
noldS explained what constituted pre-
meditation. iustifiahle homicide. self
defense, and reasonable doubt regard
inR guilt The iurymen were told
that they could render a verdict OF
guilty in the first degree, second de-
gree. voluntary mnnslaughter or not
guilty
Assistant District Attorney Miller
summed up first TIE said in part:
BE sure that you fully understand
80 GEOGRAPHY ana location of the
place. aud keep IN your mind all the
time the scene OF the killing. the
position Of the house, the cars and
tho various actors In the tragedy, and
remember that physical facts DO not
! lie.
"rhe doctors examined the wounds
| and tho dirr ction each bullet took and
they did ~ very carefully. one bullet.
as YOU remember. entered the LETT
| side oi tho neck. .nother one going In
al the angle of the left jaw; a third
bullet went into the back. ranging up
ward
What terrible things depend upon
! insignificant facts, These insignifi-
cant facts toll their story, and in this
case they completely upset the de-
| fense.'
! Mr. Miller argued that the bullet
which entered the back of Gonzales
head must have lodged there as Con
zalcs vas attempting to escape from
| Macon. and that subsequent bullets
| entered his body after he had turned
away,
Mr.. Miller said that while Macon
! had attempted to show that Gonznlcs
was following him. the evidence oon-
| ,msiNcly proved that the opposite was
the case when Macon and Gonzales
met at two saloons before the shoot
ing. Mr. Miller said. nothing occurred
tu indicate that Gonzales was follow
ing Macon The testimony regarding
GouZaicS appearance at the sunny
side bar later aud his request there to
be notified II Macon came in, Mr.. MIL
lcr said. meant that Gonzales was try
inc TO STAY clear Of Macon and keen
an appointment with Flora Sandovai'
The Ca, that Armijo ran, Nj Millcr
said. showed that he, too. tried 20 get
laway from Macon.
The cN idence showed. argued Mr..
Miller. that Macon went 10 the house
To get q gun. came out to shoot Con
2ales, and did IT, II was impossible tn
make self defense out of the evidence,
Mr. Miller held Macon never sho,
from the position he sNid ne did, foi
the postoin made It impossible TO in
flict tho wounds found on Gonzales
Mr. Field told the jury il was only
necessary 20 call attention 10 the cNl'
dcncc There was nothing 20 show the
order iu which the bullets were fred
although Mir Miller had argued as II
there was.
Macon was justified, Mr Field held
The conclusions drawn by Mr.. Mille'
were not IN keeping with the facts
said Mr. Field; all the facts contra
ldictcd those conclusions EFcrythini
showed Gonzales Was following Macon
argued Mr. Field. that ne aud ArmJ'
trailcd him all the time from o'eloct
until Gonzales was shot i'm irunt 81
Ma2uu's home The evidence MI
Field said, Indicated that thcy follow
ed him for an evil purpose, said Mr.
Field
Macon put pistol In his pocket
he loft the house. said Mr.. Field, ne
cause he realizen he was being To-
lowed. and he did only what any otho
imam would have done when controuic'
with similar state Of affairs.
Mr. Field attacked the tcstimon
Of David Armiio He was a selt-con
. fcsscd liar and pcriurcr, Mr. Field SAID
- and deliberately falsificd to concea
A his part in, and escape the consequen
Z cce ut the transaction.
+ A. that point the summing up stop
e ped f1t tho noon adjournment.