New Mexico state record. (Santa Fe, N.M.) 1914-19??, 1918-01-04
STARR HAS TO PAY
PENALTY OF Death
, SCHMIDT GETS LIFE
SUPREME COURT AFFIRMS
JUDGMENT TRIAL COURT
WITH RESPECT TO MUIR
fDERERS OF SHERIFF
DWIGHT STEVENS

convicted OF the killing OF Sheritf
Dwight Stevens, of Luna county,
must pay the penalties assessed by
the trial court.
The ruling of the supreme court
of New Mexico, made Wednesday,
affirms the sentences of the trial
court. Starr, convicted of murder in
the first degree, is sentenced to be
hanged on January %. Schmidt, con-
victed of murder in the second de-
gree, is sentenced to serve 90 years
at hard labor in the penitentiary.
The story of the killing is contain
ed in the opinion of the court, which
Is as follows:
The Escape From Prison
"State of New Mexico, appellee, VS..
Jesse o. Starr and Charles Schmidt,
appellants. Dona Ana county, No.
"The appellants, Jesse 0. Starr and
Charles Schmidt, together with one
Francisco Acosta, Cranston and one
Smith or Dashley, were confined in
che Luna county Jail at Deming. and
while so confined on the morning
of February 20, 1915, after over
powering the jailor and locking him
up in cell they made their escape,
taking with them certain fire arms
and ammunition which they found
in the possession of the jailor or
within the Jail. They procured an
automobile in which they drove from
Deming to point within mile and
half of Rincon, where they lett
the main road and proceeded up an
arroyo about three-quarters OF a
mile, where they stopped to eat a
lunch which they had secured on
III road. Shortly after stopping at
tfns point they were overtaken by
Sheriff Stevens, of Luna county, who
was accompanied by posse, who
apon reaching the vicinity divided
into two parties, one Kelly, a men,
ber of the posse, with others. going
up the side of a little hill while
Sheriff Stevens, Sewer and one Tabor
followed the tracks of the automobile
in which the prisoners had fled a.
round a short turn in the arroyo.
Kelly, on arriving at the top of the
hill, discovered the fleeing prisoners
and called back to the rest OF the
posse, "Here they are"
Armed "hen, Oiscoverco
Kelly testified that when he dis
covered the prisoners they were
armed and apparently ready to fight
He did not remember whether he
called upon they to surrender before
firing the first shot in the encounter
Very shortly after this shot was
fired, Stevens and the persons ac-
companying him came in view of the
defendants and Sewer demanded that
they throw up their hands. Numer-
Gus shots were almost Immediately
exchanged between the several parties
TO the encounter, as a result of which
Sheriff Stevens was killed. one
Cranston, a member of the fleeing
party was also killed, and Sewer was
seriously wounded, as was also the
appellant, Starr, who was shot
through the knee. All of the es-
caped prisoners with the exception
Of Dashley were shortly apprehend-
cd an the appellants with Acosta
we're indicted at the March term,
1916, of the district court OF Dona
Ana county in which county the
homicide occurred.
Three Counts In Indictment
1.-THE first count of the indictment
charged the defendants jointly with
the murder of Sheriff Dwight V.
Stevens. The second count charged
that the killing of Sheriff Stevens
was by Defendant Starr, and that
the other defendants were aiding and
abetting in the commission of said
crime. The third count charged that
the defendants while confined in the
county Jail of Luna county conspired
together to escape from said Jail and
did escape therefrom, which escape
is a felony under the laws of New
Mexico; that while being pursued by
said Stevens, sheriff of Luna county,
and his posse that the defendant,
Starr, deliberately and premeditately
killed the said Stevens with rifle,
and that the other defendants were
aiding and abetting in the said MUIR
der of Stevens. The defendants were
tried at the March term, 1916, of the
said district court, and the said Jesse
o. Starr was found guilty of murder
in the first degree, and the said
Charles Schmidt guilty of murder in
the second degree, and Francisco
Acosta not guilty. From the judg-
ment of the district court sentencing
the first two named defendants in
accordance with the verdict of the
Jury. (Starr to hang and Schmidt to
penitentiary for 90 years, this ap-
peal was taken
Court Judgment Affirmed
Judgment of the court below af-
firmed, and execution of Starr set
for January %, 1918.
Il. II is a general rule of criminal
evidence that on the trial of a per-
son accused of crime. proof of a dis
tinct independent offense is inadmis-
sible.
Y Generally speaking, evidence of
other crimes is competent to prove
the specific crime charged when it
tends to establish (D motive: (2)
intent; (3) the absence of mistake or
accident; ~ q common scheme or
plan. embracing the commission of
two or more crimes 50 related to
each other that proof Of one tends
70 establish the other; (s) the iden-
eity of person charged with the COM
0ission Of the crime on trial.
Ne oAjsstises n Appeal
An objeetioas to the admis-
eI0D A. QHranSi0u AZ eviAe0ee lee