Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1919-06-25
DRIVER Of AUTO
THAT KILLED MAN
HELD BY COURT
John, F, Hoenig Awaits Action
of Grand Jury on Charge of
Involuntary ManSIaughter
After Death of Elias LuCero,

John f. Hoepig was held under
So, 900 bond yesterday by Justice of
the Peace Mcclellan to await action
of the grand jury in the charge of
involuntary manslaughter as the re-
suit of the death of Elias Lucero. He
was said to be the driver of the auto
mobile that struck Lucero early sun
day morning at Duranes.
The preliminary hearing was held
although Eduardo Contreras, who was
injured by the same automobile was
said not to be able to appear as a
witness. The chief witnesses were
Billy Meyer. Mrs Gertrude Phillips
and Miss Eva Enos. who were in
Hoenig's automobile, and Justice of
the Peace Primitive Candelaria of the
Duranes precinct. Hoenig did not go
on the stand.
The party was "killing time" until
Santa Fe train No. 9 arrived at 1870
o'clock in the morning. Meyers sister
was expected on the train. They said
that the automobile was running at
moderate speed--from ten to fifteen
miles an hour--when the men were
hit. They appeared suddenly in front
of the automobile, so close that it
could not be stopped before the men
were hit. one of the women testified.
She said the car was brought to a
quick stop and Meyer started to get
out, but returned to his seat when
she learned later--he saw several men
approaching
Justice of the Peace Candelaria ex-
amined the ground with a lantern,
He said he found automobile tracks
on the wrong side of the road at the
point where Lucero was lying and for
several yards back. The man had
apparently been dragged after being
hit, he said. There is a row of tam
aracks on the west side of the road
and according to the witness. Lucero
was lying close to the trees.
Charles Shirk a farmer. was an
other witness. He was returning home
in his automobile from a dance when
he was hailed by men grouped in the
road. He was asked to follow the
automobile, which, the men said had
hit Lucero. Constable Julian Garcia
jumped into his car and he starte
in pursuit. He could not see the npm-
Der on the license tag of the followed
automobile, but Garcia and two other
men who were in his car, said they
could read the figures as the follow
ing car drew close to the other. The
constable was not called to the stand.
william A. Keleher, attorney for
IIOenig, argued that the death Of Lu-
cero was caused by an accident that
was not the fault of any one. He
said the prosecution had failed to
show that anything unlawful was be-
ing done by the defendant and that
he was driving carefully, He did not
believe the evidence was sufficient to
justify holding the defendant.
Assistant District Attorney j, A.
Miller, who conducted the prosecution,
replying to Mr. Keleher. said that it
had been testified that no assistance
had been offered the injured man and
that the accident had not been report
ed to the authorities. That in itself,
he said, was unlawful.
Judge Mcclellan referred to the
statement that no report of the acct-
dent had been made to the authorities,
in announcing his decision to hold
IToenig for the grand jury. and also
that no assistance had been given by
members of the automobile party.