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i'll I is migni * w me more impamai.Judge Newcomb assisted byColonel Fountain, prosecuted the case for the territory, and Mr.defenry,dedthe pris-Breeden aoner.Throughout the day the defendant maintained a most cheerful aspect andment rccogni-■Minns a short adjourn* sod and smiled atsome or m* acquaintance* inCOIirt. *...He is certainly not a dangerous man to look at and not at all thesoft of a man one would take fora cold-blooded murderer. He formed the writer that honative of Dawson, nearand iliitt hein* was aAtlanta,left hisjury, Mr.interpreter.Georgia, birth place when quite young. He is 20 years of age and his parents are still living. His profession is that of a cowboy, most of his life having !**■ pastNMI* Texas.!JP Nrwr.unb Mill' the opto thePinito Pino acting as Hi? dwelt upon tnt enormity ofthe crime of thus sending a fellow creature before bia God without a moment’s warning, and said that the evidence he would bring forward was a strong chain of circumstantial evidence which hefelt sure would bring home theguilt to the dcfcnfiMt; but at ttk| same time he called upon the juryto do justice and not to bo led away by passion or excitement.The first witness called was Mr.might get into trouble.IIDefend*better in hisant replied it waswaist. Subsequently the defend*anddol-ant returned to the saloontried to get a loan of three Hilars on itAllxrt Ellis testified Ihat thedefendant put up his horse at his corral about noon of the 1fth. It was a dark bay anti in poor condition, lie returned for his horse about halt past four with Adolfo Sains when he saw that the defend-ant carried a pistol and believedit was the 38 caliiier nroduced.Defendant said he had changed his mind and would not go away yet and he left his pistol with Ellis. Soon after *«S defendant returned and got his horse andpistol. ■ p '■% ■r wr%:mM^ Jesus Maria Rivera, Dr. Pctin’s coachman, then appeared on thestand and being the principal wit-ncsa great interest was centered in his evidence. He said that ontheftfternoon on the 9th about holf past six he left Dr. IVtlahfor the pin pose of coming to Las Cruces. Ha met Samuel Steel S little eart of Mr. Deesaucr’s house. Steel was going towards Dr. Putin's and asked him to accompany him. He refused anlt;i cause on to Las Gruoee on toot. Bb ibcrtly afterwards met the defendant whohim andfound the 38 calibre pistol in the Cooks wagon, in a boi hiddcd bytins. He identified the pistol nowproduced. He examined it at thetime and found thaf tWo caridges had lcen recently inserted.The Judge then adjourned the court and recommended the jurors at this stage not to tnake up theirminds until they had heard all the evidence, aod that until 10 o’clocknext morning thoV would be fed and cared for byTHE SECOND1The defendant came into court!! hand cuffed, but was left tree dur-h ing the session of court. He appeared careworn and to have passedmi therestless night and looked uIthematter more seriouslylIBiii defendant rose to addres theJudge and saidstake and 1 askaid. He was a“My Iito is atfor more legalio understood toattorney on His honoratSteel father of the deceased,win-testified that his son died about 9 o'clock on the night of the 9th inst. in a small outhouse on theranch of Win. Dessauor. He hadbeen found on the adjoining roadat abont 7 o’clock p. m. Hisdeath had been caused by a bullet which passed through his head, and had !een fired so close to his fact* that the powder was sticking to bis features. His son was unconsious vrhen found and so remained until he died. He wair ^ ^ * W . * ^ L . • ' v * . « bfi ■ . s r. w ~ lt;r * V ^the first tlt; touch the body andcould not say whether the deceased had leen robbed.Dr. Lane testified that lie was called upon to see the boy Sam Steel and found him dying from the effects of a small calibre pistol bullet which had entered his left eye and passed out at the back ofthe head. Also that there wasburnt powder upon his face. Heremained with tbe boy until he died. He fouud a bruise upon his car anil upon his shoulder.Asked how clocc the pistol must have leen held to produce powderburns, answered that heknow how close powder Mr. Low Gans, sistant, was then called.1 notburned.I)r. Lane’s as11« badpointed his pistolcried “Hold up” Defendant askedhim to give him money. Hlt;* tolddefendant he had no money and turned out his pockets twice. Heoffered him his pocket knife butdefendant refused tod said bewautcd money. Defendant then went off with a yell and witness proceeded to Las Cruces and after bo got to the bouse of Jacobo Chavez, some 100 yards off, he heard a pistol shot, which i»p|»ear*ed to lie from the direction wheie he left defendant. :else., on thc ^fiad except Bamuei Steel and the defendant. Asked haw long his interview was with the defendant, ho replied that hewas so frighteticd that it appearedan age before defendant let himgo. In cross examination he said he had never seen defendant before be met him on the road. Defendant had on a black coat and was riding a brown horse. He could swear that tbe defendantwas the man who liopped him aahe noticed his face, the evening not being dark.The witneta gave his evidence m a dear straightforward manner although he appeared very scared, indeed moro so rhau the defend*object to his presentlersonal grounds.then called upon KpR|Wade Whohow over asked to be excused us hef||d already expressed bis feelings too strongly upon the matter, Mr Lenoir made a similar reply. Mr. Bonham also declined owing to be-i ng in the prosecuting attorney’s office, Jit. Younir formerly a lawyer practising in Las Cruces ami at preseut oil a v isit from Kansas City also objected owing to his sym-■»th\ with the relatives of the deceased who were all personalfor time toMr, Breden-‘A• A.Iseen the murdarod boy soon after his death, and in his opinion the wound had been caused by a 38-calibre revolvor. Asked in cross examination how many bullet wound! he had seen during his residence in law Cruccs. He said he had seen 12 or more.The prisoner, who up to thisstage appeared to take little interest iu the pfPUiidingt, showedgreat interest as to the size of thepistol.Dr. Petin deponed that he saw Sam Steel at his house some time after 6 p. in. on the 9th inst. hut but appears not to have examinedMrs. Felipena Dnrier the next witness caused some complicationsHH French Mr. Desgault;Tbeingterhad to interpret her evidence andthis again rendered into Spanish ^pi|^;;liinefit of thefriends, lie asked consider the matter.there upon asked to be relieved ofthe duty of defending the prisoner as he considered what hadpassed a personal slight, aod tbecomplaint of the defendant tant-mount to an expression of wantof confidence, and it placed himin an cmbarrasing position as he had been acting as a question of charity for a poor man without friends. As Mr. llreeden declined to act as defendant's attorney the court waa adjourned until 1:30. Tbt jttdg«‘ Called upon Mr. Bread*en to reconsider his decision, as all the defendant asked was additional council and be was desirous that he should have a fair and im-Mftia!udvlca.Upon the court reassemblingthere was again a dense attend-auee. Mr. Young had consentedBreedeu in tbe de-fonsc. ■pPHIPiSamuel A. Steel, recalled, saidthat bis son owned a shot gun but|pot a pistol and that kc never carried firearms.W. E. Baker, recalled, testifiedthat he had since yesterday taken measurements and fouud that fromtrial with the best legal?mthe sjxit where the mexicau was h *d up to the house of Jacobo 1 . i Lhavez, where Riviera heard theness deposed that she saw Samuel Uhot, was 310 paces, and from thetaut —4 'SteelvsmmPed rowasI -* V’ .. \ ^ — r j * ’ *1 . '*• *■ -I -|placedhavingupon tiic stand. Said that lie bad known the defendant tor some six years and that he then resided inDoming.! Ho had seen the defendant on the afternoon of the 9th at his gambling table in La-point's saloon he saw the defendant hand bis pistol to the barkeeper, Jacobo Chavez; believedit to Ik? a 38-calibre double action.The two pistols found in the possession of the prisoner were then handed to the witness and be identified the smaller one as the onethe prisoner had in the saloon.Some amusement was caused bythe trepidation of Judge Newcomb on handling the pistols, asboth were loaded.Adolpb Sains the uext witness, identified the prisoner and was at 'examine.on mat night about _ .past six and shortly after heard ashot.liamona Rodrigues Valencia w ho lives on Mr. Dessauer’s ranch deposed that she heard one shotbetween six and sewn on Timrs-evening. The body of young Mx. Steel was found just near and was afterwards carried into her house.Damian Rodrigues, testified tofound the body of young Mr. Steel and having fetched the lather and James Dernier.W. E. Baker deposed that onThursday be was out bunting inCompany with his father in-law and bn his return met a man on horseback of suspicious appearance to the south west of Dr. Pet*in’s house. It has Iwen his custom whenever unythig suspicions happened to look at his watch to see the time. He did so on this occasion and found the time to he five.minutes to seven. He about 150 feet from thecould notW'nsrecognize him, but he was on a dark horse. He saw no ono elso on horseback in the neighborhood. He afterwards passed the body of young Mr Steel, butat thethoughtiwastime it_________drunken man, and did not stop toIn cross examinationfirst point to where young Steel was found dead was 410 *paees. This whs important as showing that the man or horseback traveled one way 410 paces while Ri-viera walked another way 21paces.This closed the case for the territory. : 1JS 5llSla!J. D. Hall, of Cook’s Peak, testified he had known defendant for2 years in Grant county, wheredefendant had been working for him in the mines. His reputation as a peaceable citizen was good.Had never heard anything derogatory to his character. Never heard of his being in prison or ofhis shooting up saloons.Charles M. Foreacre, of Grant county, the next witness, testified to having known the defendant for 9 years; confirmed the previous witness's testimony.He was cross examined as towhether he knew it was notorious that the defendant bad been arrested and imprisoned for shooting. This question was objected to by Col. Breeden; objection ovcrrulled The witness deniedthat such was the defendant's general reputation.M. Harden, of Grantcounty(Qliritnili on third |M*gO
Newspaper Details
Las Cruces Rio Grande Republican
Las Cruces, New Mexico, US
Fri, Mar 17, 1893
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USA 06 Aug 2020
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