Year: 1866

Charge OF Judge GAlbert, ana Verdict


of Guilty, Etc.


In charging the jury judge Gilbert showed
that 1t had been proved that Otero was dead
The next question was, whether the murder was
committed OF not. In this case all the surround
ing circumstances showed that this was MURDER


without any psdlatmg circumstances. The only
litieating question is who committed this act?


1t Is impossible Tor the prosecution to'produce


direct evidence cf the commission of the act.


The law does noC require in circumstances OF


this nature direct evidence. And this does not


conflict at all with the duties imposed upon the


Jury. All they have to do is to act on the con.


Vlction produced in thclr minds by the facts be-


fore them, l


Many cases of wrong convictions upon direct


evidence are on record; the Jackman case is au


instance in point. The law admits this crcum-


stantial evidence--which is sufficient; all the


jury have to do with ID the evidence which has


been laid before them. What is the evidence on


both sides It is wholly imlnaterial wlrch OF


these conspirators-ifa conspiracy there was


struck the fatal blow. On the wednesday even


ing Otero, Gonzales, PellIcer, and Vela lett the


Hotel de Cuba. On that point there seems from


the evidence to be no doubt The next step in


the transaction is the testimony OF the con-


ductor Of the car. On the question of personal
identity you are to exhibit great care. The wit.


ness Phillips swears positively as to the


identity of these men. What are the other


means of Identification? In the first place there
are the gloves OF Pellicer.


Then they find him, with Gonzales, taking
lodgings, on this day OF the murder at the Hotel


de Cuba, and taking rooms at No. 217 Centre
street, at ten O'Clock the same night. All these
facts are to be taken into consideration. These


razors and this dagger we're taken from the


room OF Vea and Pellcer. If Pellicer was
there, il would seem that he took them from the


room. Vela says that when they left the Hotel


de Cuba he went to and renamed at the st.
Nicholas Hotel until nine or hafpast nIne, when


he returned to the Hotel dc Cuba. IL is con-
tended by counsel for the defense that Pelicer
bid Gonzales "Good night when they came out
n no


identity of the latter. But Gonzales and Pellicer
are seen together at ten o'clock that same night
at the house in Centre street.


How came they together again so soon? As
to the possession of the dratts-they were not


negotiable, and yet counsel for the defense con-
tends that Otero gave them to Gonzales for safe


keeping in case they should be lost when if they
had been lost they would have been useless


without the Endorsement of 0tero. The jury


would say if the conversation in the Jail came


from trustworthy source, and act accordingly,
Although the prisoner is q stranger here the law


treats all alike; and if the jury we're satisfied


that he had committed the murder, the fact that


heis stranger here should not have weight in
rendering a verdict. They would, at the same


time, give him the benefit of any reasonable
doubt. '|..


The Jury retired at quarter-past three o'clock,
when the Court ordered q recess of halt an hour.
The spectators, who had listened to the speeches
oil counsel and the charge of the Judge with


unusual quietness, took advantage of the respite


OF a recess, and left the courtroom to enjoy the
pure air OF the corridors and Railways of the
Court House. The prisoner did not leave the


courtroom, but was conducted to seat near
window on the left hand side of the Judges
bench. He was placed in position where he
faced the assemblage, and he looked around
IRON one part OF the room to the other and to
the spectators gallery, as unconcerned as If he
were merely Spectator himself.


While he was thus waiting for the verdict, the
window of the courtroom near where he sat
was open; near this, divided by an area of ten
feet, was building, in which is a ladies' gymna-
| SUM; In the latter place some person was play
| ing some very select music on O piano. which
| attracted the prisoners attention and seemed to
| afford him some relaxation from the terrible
| orde al through which he was passing. He lis
| tened attentively, and seemed to disregard all
else that was transpiring around him, at times,
| by his demeanor, seeming to catch the strain of
| some tavorite air. AT length it was announced
| that the jury were coming into court, when all
| present were by degrees hushed to silence. The
| fact was communicated to the prisoner through
| an interpreter, when, by request OF one of the
officers OF the court, he resumed his seat by his
counsel, who by this time had taken their seats
| The jury by this time were coming into court
| and when they had taken their seats, the audi
| encr seated, the Clerk of the Court, by order of
the Presiding judge called the names of the
| jury. H


Olerk-Gentlemen of the jury, have you
| Foreman wv. G. Goddard)-We have.
Clerk-How say you? Do you find the prso-


ner at the bar guilty of the crime of which he
| stands charged? b.
Foreman-Guilty.


| Clerk-Gentlemen of the jury, you say you
find the prisoner at the bar guilty of murder in


the first degree, and SO say you all 7?


| The jury was then polled, the Clerk of the
| Court calling each individual by name, when
| the Jurors and the prisoner stood up and the
| verdict was recorded. fa t
The District Attorney then made motion that
| the prisoner be remanded for sentence.
| The Court-The officers will take the prisoner
| in charge and remand him to jail


When the verdict was rendered there was an


attempt to applaud by the audience, but it was


promptly suppressed by the officers of the Court.
The trial of Pellicer the accomplice of Con
| zaes, will commence to-day at 10 o'clock.-M Y
| ReJu(d