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Zamora find Kahl Go . Over OldGround ~ in Morning \TESTIMONY LAGSNew Witnesses Not . Called, But May Come LaterThe Luis Silva murder, now nearly two years old, filled the district court room this morning as Judge Martin J. Murphy heard testimony upon which the casemay be formally reopened. Testimony dragged dur-____________ draggeing the ipoming. The two witnesses hearcf went over old ground.From the defendants’ side of tho table, Hoy S. Avery( once freed of , tho crime, and his former partner, Richard D. Crain, watched progress carefully.Leaning' against the' wall where jury, chairs arc usually placed, was Manuel Silva, son of the murdered 56-ycar-old marshal, upon whoso complaint the pair were arrested two weeks ago Friday.- On tho state's side of the table was Elfago Baca, colorful Albuquerque attorney, who was engaged by the Silva family as special prosecutor, and Deputy Sheriff Alllo Aldrich, who has been working- on tho case continually since Silva’s murder.Baca, who' figures as the chief character in the book, “Law and Order Limited, caused an uproar several times during his. questioning of Deputy Sherif^ljolomoi^-^a-mora, Grant, .who 't'os night marshal in Gallup at the time of the shooting.Tho crowd was in a festive mood and only when Judge Mur-: phy threatened to have tho room . cleared, were they able to control : their titters.Zamora, first officer to reach Silva's body after he was shot be-‘ tween 2 and 3 a. m. of Sept. 15,' 1330, reiterated testimony which he had given at the preliminary7 on Oct' 4,' 1930, when Avery was dls-: missed by District Judge Reed Holloman.Only one other witness was heard during .the morning. He was H. A. Kahl of the K. Sc M. drug store, which was robbed the night of the- murder.Some doubt was expressed os to whether the state’s new eye witness would be heard in this hearing since those summoned were all witnesses at the previous pro limlnary. \District Attorney Kenney, however, gayc the court a list of five witnesses who might bo called in case of necessity. In.this number, it was believed, was the new witness whose testimony brought re opening of tho case.Out of the number Mrs. S. _ Henry, Nick Dantes and the Jap anese cook at the Eagle cafe, whoso name is not listed, were tho now witnesses. Others included are Mrs. Ziafoldcs of the Palace ho tel, Aldrich, Mr. and Mrs. Albert Cantu, Dr. J. W. Stofer, Sheriff Dee Roberts and Ed Tamony.The witnesses for which sub poenas hnev been Issued are Dan (Red) Pipkin, Fred, (Tinker) Lo per, Daniel Bareld, Kahl, Rose Fidel, R. C.- Ritchey, and Zamora Zamora's testimony telling Avery’s presence at the scene the crime and his actions there were emphasized by Special Pros .ecutor Baca.The state put particular attcn . tlon on the point that when Za mora started toward the murder scene near the old Atlantic St Pa-- ciflc bus station, he saw Avery back a car out of the garage dl rectly across to Silva's body.“I drew my gun and asked him ‘What’s doing here,’ Zamora testified.“'A nigger shot him. It’s Luis’, Avery told me. Then ho said Luis had shouted for him to come help him take a gun aijjoy from the nigger.”Baca attempted to show hero that Avery knew all about the crime, more than he should have known” and pointed out that he knew who the murdered man was . although the officer did not./ It-was at this point that the first . spectators outburst occurred.- ' Zamora said there was no one in f' -.the car and Baca immediately ask-[;'”ed him if it were-customary for : '“drlverless automobiles to back out ' ''of - -garages and stop across the \ (Continued on Page 4)ArtSWjWhillicemcnt/EOFtheirThthe i rcio!Whiccolvlt;(ionCotoda;termancleclaccliAiayouivltl■ nby I nnm ginr palp rect neci cute O out opei fore out.“JtroisaleQlt;N
Newspaper Details
Gallup Independent and Evening Herald
Gallup, New Mexico, US
Wed, Jun 29, 1932
Page 1
Full Page
Clipped by
Mike S.
USA 23 Jan 2025
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