Silver City Enterprise — 1891 (full OCR, Internet Archive) — 1891-05-29
Entities extracted from this source (20)
Barney Kerrperson
3 claims cited from this source
a.k.a. Barney, Kerr
Jimmie Kerrperson
3 claims cited from this source
a.k.a. Jim Kerr, Jimmie
Martin Flynnperson
3 claims cited from this source
a.k.a. Flynn
Frank Garstperson
2 claims cited from this source
Old Man Piersonperson
2 claims cited from this source
a.k.a. Pierson
Pricillano Precillanoperson
2 claims cited from this source
a.k.a. Pricillano, Precillano
N. M. and A. Railroadorg
1 claim cited from this source
a.k.a. N. M. and A. railroad
North Mexican & Pacific Railroadorg
1 claim cited from this source
a.k.a. North Mexican & Pacific railroad
Southern Hotelorg
1 claim cited from this source
a.k.a. Southern hotel
A. J. Spauldingperson
1 claim cited from this source
Bud Williamsperson
1 claim cited from this source
a.k.a. Williams
Dr. L. P. Robinsonperson
1 claim cited from this source
a.k.a. L. P. Robinson
Dr. Sloughperson
1 claim cited from this source
a.k.a. Dr. Slough
F. M. Gallowayperson
1 claim cited from this source
G. D. Bantzperson
1 claim cited from this source
a.k.a. Hon. G. D. Bantz, G. D. Bantz
Hon. John J. Bellperson
1 claim cited from this source
a.k.a. John J. Bell
M. Haalfperson
1 claim cited from this source
a.k.a. Haalf
Peter Mungallperson
1 claim cited from this source
a.k.a. Peter Mungall, Mungall, Scotty
W. F. Aikenperson
1 claim cited from this source
a.k.a. Aiken
Gold Nuggetthing
1 claim cited from this source
a.k.a. nugget, chunk
Chunks (28)
chunk 4642 · paragraph 0
A man in Santa Fe county made an extra-
ordinary tax return to the Santa Fe county
assessor. Under the head of musical instru-
ments he placed “one Winchester, $20; one six
shooter, $14.”
A sweet girl graduate thus describes the
manner in which a goat butted a boy out of the
front yard: “He hurled the previous part of
his anatomy against the boy’s afterwards with
an earnestness and velocity, which backed by
the ponderosity of avoirdupois, imparted a mo-
mentum that was not relaxed until the lad was
landed on terra firma beyond the pale of the
goat’s j urisdiction.” — Republican.
Charles Dennis, a cowman of the upper
Mimbres, is not favorably impressed with the
new stock law which compels a ranchman to
take out a license before he can kill and peddle
out the carcass of one of his own animals. He
thinks the law unconstitutional and will put up
$25 towards testing it.
( 36 )
ANOTHER BODY FOUND
chunk 4643 · paragraph 5
is not favorably impressed with the
new stock law which compels a ranchman to
take out a license before he can kill and peddle
out the carcass of one of his own animals. He
thinks the law unconstitutional and will put up
$25 towards testing it.
( 36 )
ANOTHER BODY FOUND
Since the last issue of the Enterprise defi-
nite word has been received that another body,
decayed beyond recognition, was found on the
Blue about a mile below the cabin where Nat
Whittam was killed. Both men were no doubt
killed by the same band of Indians. There is
also a rumor afloat which so far lacks con-
firmation, that a family was killed on Eagle
Creek, which is not many miles distant from
the Blue. Two detachments from Fort Bayard
are in the field. One of the detachments is in
the Hachitas with orders that if a trail is found
to follow it, and if it is necessary to cross the
line into Mexico, to send word to Fort Bayard.
So far it would not seem that there is occasion
for a general alarm, but no doubt several more
killings will take place. The Enterprise will
make every effort possible to give the Indian
News.
chunk 4644 · paragraph 6
if it is necessary to cross the
line into Mexico, to send word to Fort Bayard.
So far it would not seem that there is occasion
for a general alarm, but no doubt several more
killings will take place. The Enterprise will
make every effort possible to give the Indian
News.
An inebriated individual was arrested by
Marshal Cantley on Saturday evening last for
insulting ladies. As he was being cared for,
on his way to the bastile, he frequently inquired
of the arresting officer, “Vat is de matter mit
me?” He has probably found out, ere this.
Court Notes
Territory vs. Frank Whitney and James
Evans. Charged with swindling. Found guilty
upon trial. These are the men who worked the
“change” racket on two or three Deming mer-
chants.
The case of John A. Murray charged with
the murder of his two sons at Pinos Altos was
continued until next term.
Edward McEnterff was convicted of mur-
der in the third degree for the killing of one
Gonzales at San Juan last September. Mc-
Enterff has earned an enviable reputation as a
“six shooter fiend” and this verdict will give
notice to such men that they can no longer “run
the town” and terrorize the communities in
Grant county.
chunk 4645 · paragraph 11
ird degree for the killing of one
Gonzales at San Juan last September. Mc-
Enterff has earned an enviable reputation as a
“six shooter fiend” and this verdict will give
notice to such men that they can no longer “run
the town” and terrorize the communities in
Grant county.
William Walter, alias “Broncho Bill,” when
called for trial withdrew his plea of not guilty
and plead guilty of unlawfully discharging a
deadly weapon, and was sentenced to serve the
territory at hard labor in the penitentiary for
one year. This is the wild and wooly individual
who shot up the town of Separ and who in the
county jail held up the night guard. Crow, and
escaped. He was recaptured near Lake Palomas
by Deputy Sheriff Baca. He has shown a dis-
position to become a bad man, but a year s re-
flection in the pen may change his determina-
tion.
The case of Luciana Shaw charged with the
murder of Ed Fountain at Pinos Altos was con-
tinued for the term.
Territory vs. Leonidas Chavez, murder,
change of venue to Sierra county.
Territory vs. Alfred Job, Sr., and Alfred Job,
Jr. Assaulting to murder John Coleman, con-
tinued for term.
Territory vs. Pedo Vazques and Santos Car-
rasco charged with the burglary of Max Schutz’s
store. Vazques plead guilty and Carrasco con-
victed upon trial. Each was sentenced to three
years in the pen.
chunk 4646 · paragraph 17
nd Alfred Job,
Jr. Assaulting to murder John Coleman, con-
tinued for term.
Territory vs. Pedo Vazques and Santos Car-
rasco charged with the burglary of Max Schutz’s
store. Vazques plead guilty and Carrasco con-
victed upon trial. Each was sentenced to three
years in the pen.
Gus Montgomery, colored, who plead
guilty to burglarizing Bob Stele’s saloon last
week, was given five years in the pen.
Territory vs. William Davis, charged with
murder of Hugh Fox at Pinos Altos, continued
upon motion of defense until next term.
Territory vs. Barney Kerr, charged with
murder of his brother, Jimmy Kerr at the Man-
gus last month, still on trial.
In the case of A. M. Hunter, charged with
assault to murder George H. Nye on the ranch
of the latter, on April 24, 1891, a trial was
had on Wednesday and the defendant acquitted.
The testimony tended to show that Nye had
fired the first shot, and the jury evidently did
not consider the shooting by the defendant
felonious for that reason. The case of Drew
Hunter indicted with his father for the same
offense, was nullified, and the defendant dis-
charged.
The following indictments were returned
by the grand jury at the present term of the
district court.
H. H. Whitehill, unlawfully permitting
prisoner to escape.
H. H. Whitehill, perjury.
H. H. Whitehill, non feasance.
H. H. Whitehill, embezzlement.
chunk 4647 · paragraph 26
nd the defendant dis-
charged.
The following indictments were returned
by the grand jury at the present term of the
district court.
H. H. Whitehill, unlawfully permitting
prisoner to escape.
H. H. Whitehill, perjury.
H. H. Whitehill, non feasance.
H. H. Whitehill, embezzlement.
H. H. Whitehill, embezzlement of taxes
collected.
S. P. Carpenter and A. H. Morehead, con-
spiracy to defraud county.
( 36 )
H. H. Whitehill, S. P. Carpenter, A. H.
Morehead, J. H. Bragaw, T. W. Cobb and J.
A1 Card, conspiracy to defraud (two indict-
ments) .
S. P. Carpenter and A. H. Morehead, lar-
ceny and embezzlement.
H. H. Whitehill, S. P. Carpenter, J. H. Bra-
gaw and A. H. Morehead, conspiracy to defraud
county.
S. P. Carpenter, J. H. Bragaw and A. H.
Morehead, not publishing proceedings of Board
of Commissioners.
S. P. Carpenter, J. H. Bragaw and A. H.
Morehead, conspiracy to defraud county.
Frank P. Whithill, embezzlement.
Samuel P. Carpenter, two indictments for
forgery.
A. H. Morehead, two indictments for for-
gery.
Carpenter, Cobb and Bragaw were county
commissioners, A. H. Morehead, probate clerk,
F. P. Whitehill, his deputy, H. H. Whitehill,
sheriff and collector and J. A1 Card, his deputy.
chunk 4648 · paragraph 38
Samuel P. Carpenter, two indictments for
forgery.
A. H. Morehead, two indictments for for-
gery.
Carpenter, Cobb and Bragaw were county
commissioners, A. H. Morehead, probate clerk,
F. P. Whitehill, his deputy, H. H. Whitehill,
sheriff and collector and J. A1 Card, his deputy.
The murder case against Barney Kerr
charged with the killing of his brother, Jimmy,
came up for trial yesterday afternoon at 4
o’clock and a jury was impannelled as follows:
Geo. Pottem, N. O. Dimmick, M. V. Cox, Morris
Longstreth, George Parker, W. P. Dorsey, James
Winters, George Hinman, Steve Uhli, Price B.
Heather and Sim Eby. The trial is in progress.
Col. F. M. Galloway of Pinos Altos took a
pleasure ride last week. The colonel was so
accustomed to walking that he had forgotten
how to manipulate the reins. The horse ran
under the limb of a tree, scraping the colonel
off and giving him a beautiful black eye. A by-
stander remarked : ‘Let her go Galloway.”
Louis Abraham whilst monkeying with a
screw driver yesterday, managed to drive it
through his hand. The wound though painful
is not dangerous, and Louis will be himself
again in a day or two.
SPAULDING BUYS RANCHES
chunk 4649 · paragraph 42
ful black eye. A by-
stander remarked : ‘Let her go Galloway.”
Louis Abraham whilst monkeying with a
screw driver yesterday, managed to drive it
through his hand. The wound though painful
is not dangerous, and Louis will be himself
again in a day or two.
SPAULDING BUYS RANCHES
Hon. Israel King and the Hewlett brothers,
of the Mimbres, closed a sale of their ranches
last week to Chicago parties headed by A. G.
Spaulding, ex-president of the National Baseball
league. It is Mr. Spaulding’s intention to fix up
elegant winter quarters for his team on the
Mimbres where the boys will be able to work
during the winter. Mr. King disposed of nearly
1000 acres of land and the Hewlett brothers
of about 1200. The consideration is somewhere
in the nighborhood of $40,000 or $50,000. A
dam will be built across the river and four or
five thousand acres of land set out in orchards
and vineyards. The deal was worked through
F. W. Smith, of Las Cruces.
Shot Dead
Dr. Charles L. Mason, of Kingston, was
shot dead last week by J. B. Hiler, proprietor
of the Mountain Pride hotel at Kingston. The
Kingston Shaft gives the following meagre par-
ticulars :
chunk 4650 · paragraph 46
rds
and vineyards. The deal was worked through
F. W. Smith, of Las Cruces.
Shot Dead
Dr. Charles L. Mason, of Kingston, was
shot dead last week by J. B. Hiler, proprietor
of the Mountain Pride hotel at Kingston. The
Kingston Shaft gives the following meagre par-
ticulars :
Yesterday evening just as the stage reach-
ed town and was pulling out from in front of
the Mountain Pride hotel, two shots were heard
in quick succession. They were from a revolver
in the hands of J. B. Hiler, and were fired into
the body of Dr. C. L. Mason, both shots taking
effect in vital parts and causing almost instant
death. Dr. Mason died within five minutes after
being shot. One of the bullets seems to have
passed entirely through the body, it being pick-
ed up from the ground where the Doctor fell.
The other ball struck below the ribs on the right
side and entered the abdomen.
We do not want to enter into any statement
or criticism of the merits or demerits of this sad
affair. Mr. Hiler is the father of five children,
all very young. He was arrested immediately
after the shooting occurred, by Constable John-
son, and taken to Hillsboro under guard by Con-
stable Johnson, J. H. Robb and Mr. Tibbs.
chunk 4651 · paragraph 48
cism of the merits or demerits of this sad
affair. Mr. Hiler is the father of five children,
all very young. He was arrested immediately
after the shooting occurred, by Constable John-
son, and taken to Hillsboro under guard by Con-
stable Johnson, J. H. Robb and Mr. Tibbs.
In this particular case the old adage of
going away from home to learn the news is
verified, as a St. Louis dispatch states that the
doctor was too intimate with Hiler’s wife.
PICNIC ON WALNUT CREEK
A pleasant picnic party enjoyed themselves
last Sunday at the Peerless mine, on Walnut
creek. After doing justice to a sumptuous lunch
in which “Ma’s” pickles were not forgotten, the
party were amused by the pleasant prediction
of a beautiful veiled prophetess, who appeared
upon the scene and told the good fortune await-
ing her credulous patrons, who were only too
glad to believe the priestess of fortune infallible.
( 37 )
as nothing but health, wealth and happiness
were instore for them if the prophesies were
true. The following named ladies and gentle-
men were in the party : Misses Amelia, Frances
and Mary Ott, Mrs. Kane, Mrs. Leonard and
Mrs. Sheridan, Messrs. John Boyle and J. T.
McCorkle, of Pinos Altos; Messrs. Brado, Clark,
Menard, Leonard and Sheridan, of Silver City.
THE REPORT
What the Grand Jury Thinks of County Affairs
chunk 4652 · paragraph 55
e in the party : Misses Amelia, Frances
and Mary Ott, Mrs. Kane, Mrs. Leonard and
Mrs. Sheridan, Messrs. John Boyle and J. T.
McCorkle, of Pinos Altos; Messrs. Brado, Clark,
Menard, Leonard and Sheridan, of Silver City.
THE REPORT
What the Grand Jury Thinks of County Affairs
It is generally supposed that honest men
under a cloud, not only submit willingly to an
investigation, but that they demand the same,
and aid it in every way possible to clear their
fair names. Such a spirit of fairness and honor,
and any disposition to clamor for the restoration
of unclouded reputations have been notably
conspicuous by their absence, and while we
believe that most of the witnesses in this matter
have told the truth, we are satisfied of a per-
sistent and systematic endeavor to conceal the
whole truth. We believe that vigorous and able
prosecutions of the indictments we have brought
will result in the conviction of the guilty parties,
and the vindication of the innocent, if such
there be, and to this end we recommend that
the county spare no expense to employ the best
of legal talent to assist the prosecuting attorney
in this work, which is necessarily too great for
one man to attend to properly.
The people of this county have been
robbed, and our work will indicate our honest
convictions as to who have done it.
TREMONT ARRIVALS
chunk 4653 · paragraph 58
e best
of legal talent to assist the prosecuting attorney
in this work, which is necessarily too great for
one man to attend to properly.
The people of this county have been
robbed, and our work will indicate our honest
convictions as to who have done it.
TREMONT ARRIVALS
Chas. E. Jones, Pueblo; Joseph Hayes, E.
R. Cowles, C. A. Rathbur, Chicago; O. L. Hall,
Clark F. Reeves, W. J. Becker, G. F. Schneider,
San Francisco; A. Laird, Whitewater; F. Moor,
J. I. Kelly, Miss Ella Graham, El Paso; O. S.
Bunn, I. R. Gulman, Chas. Sterne, I. D. Eaken,
Albuquerque; A. C. Robertson, Cooney; S.
Biddle, A. W. Copland, Sapillo; J. C. Givens,
Central; F. M. Smith, John I. Quinn, Jo Ma-
honey, Mrs. B. W. Knowles, S. Lindauer, Dem-
ing; I. P. Marson, Los Angeles; A. Rosenheim,
Hugo Scharwanka, New York; L. W. Mitchell,
Mangus; H. D. Motter, St. Joe; J. P. McCrea,
Las Cruces; John J. Woods, St. Louis; A. Whit-
son, Tucson; Chas. Dennis, John A. Bragaw,
Georgetown ; D. W. Turner, Kansas City.
TIMMER HOUSE ARRIVALS
chunk 4654 · paragraph 60
. Marson, Los Angeles; A. Rosenheim,
Hugo Scharwanka, New York; L. W. Mitchell,
Mangus; H. D. Motter, St. Joe; J. P. McCrea,
Las Cruces; John J. Woods, St. Louis; A. Whit-
son, Tucson; Chas. Dennis, John A. Bragaw,
Georgetown ; D. W. Turner, Kansas City.
TIMMER HOUSE ARRIVALS
T. W. Smith, L. C. Clapp, Las Cruces;
Henry Essinger, Las Vegas; Henry Beneke, St.
Louis ; Louis Stein, Guy Heyman, San Francisco ;
J. B. Gilchrist, Whitewater; J. P. Hewlett, wife
and child, Israel King, Mimbres ; A. A. Bellman,
Derry, Kansas; J. B. Hodgdon, J. P. Byron,
Ladislao Weber and wife, H. C. Moore, Deming;
Martin Mullin, Apache Tejo; A. G. Spaulding,
H. F. Guerson, M. N. Burchard, Chicago; E. W.
Burchard, L. H. Little, John S. Dodd and wife,
Black Hawk; F. W. Graham, Ranch; Chas.
Grider, M. McLean, W. F. Aiken and wife, T.
G. Boone, Pinos Altos; B. W. Clair, Lordsburg;
J. C. Pheby, Georgetown; Fatzek, El Paso; M.
McGregor, John McGregor, Mogollons; W. S.
Farnsworth, Gila.
From Ihe June 5, 1891, Issue of The Enterpris6
FINDS HUGE GOLD NUGGET
chunk 4655 · paragraph 63
; Chas.
Grider, M. McLean, W. F. Aiken and wife, T.
G. Boone, Pinos Altos; B. W. Clair, Lordsburg;
J. C. Pheby, Georgetown; Fatzek, El Paso; M.
McGregor, John McGregor, Mogollons; W. S.
Farnsworth, Gila.
From Ihe June 5, 1891, Issue of The Enterpris6
FINDS HUGE GOLD NUGGET
“By hang! I find a pockety de oro fino,”
exclaimed a Mexican last Sunday down at Slap-
jack Hill, as he held out his open hand and
exhibited some twenty odd dollars worth of
gold. It was a nugget as large as a thimble.
“Where did you find it, Pricillano?” was asked
by the excited prospector to whom was ex-
hibited the chunk. “At the lower end of Ca-
lamity Bar me got it,” was the chuckling reply,
saying which he pointed to a spot just across
from Greenhorn Gulch. A visit to the place
indicated by the delighted Mexican explorer
revealed the fact that he dug about four feet
of earth away exposing bedrock, where the
nugget was found. This strip is about a hundred
yards long and 50 yards wide. The loose dirt
and boulders washed down from the mountains
and lodged here from a knoll that overlooks
both waterways, and in a number of places
there shafts have been driven to a depth of 30
and 40 feet, where the bar slopes and finally
ends where the two waters met. Much wealth
is supposed to have been taken from this locality
in times past, but as far as the Advocate s
knowledge extends this golden nugget picked
up last week by Precillano, the Mexican, is
the first found in that particular locality in
many years.
chunk 4656 · paragraph 64
the two waters met. Much wealth
is supposed to have been taken from this locality
in times past, but as far as the Advocate s
knowledge extends this golden nugget picked
up last week by Precillano, the Mexican, is
the first found in that particular locality in
many years.
The new fire bell was put in place on
Saturday.
( 38 )
SOUTHERN HOTEL REOPENED
DIED IN FALL FROM TRAIN
The Southern hotel, one of the quietest and
most cozy of the many hostelries in Silver City,
has been reopened for the accommodation of
those requiring elegent quarters, either in single
rooms or suites. Those in quest of privacy, -with
all the home comforts attending, can be suited
at the Southern. Uncle Dave Abraham will at-
tend personally to the wants of patrons of the
house, which is guaranty sufficient, that every
thing possible will be done to make their sojourn
pleasant.
A. J. Spaulding, the first and best mayor
Pinos Altos ever had, was taking in the sights
of the city yesterday.
At the school election held at Pinos Altos
on Monday, F. M. Galloway, W. F. Aiken and
Dr. L. P. Robinson were elected trustees for
the ensuing year.
A typo tourist arrived in town on Wednes-
day from Kingston. In crossing the range, by
the walker route, he got lost, and finally reached
San Lorenzo, on the Mimbres. He was only four
days making the trip.
chunk 4657 · paragraph 72
and
Dr. L. P. Robinson were elected trustees for
the ensuing year.
A typo tourist arrived in town on Wednes-
day from Kingston. In crossing the range, by
the walker route, he got lost, and finally reached
San Lorenzo, on the Mimbres. He was only four
days making the trip.
Court meets in Hillsboro, Sierra county,
next Monday. The Messrs. Fielder Brothers &
Hefflin, J. A. Ancheta, J. D. Bail, G. D. Bantz,
J. J. Bell, R. P. Barnes and Col. Pickett, (pro-
vided he is able to leave his bed) will be in
attendance.
Old Man Pierson, who formerly worked for
Bob Evans, died yesterday. He had been in-
bibing rather freely, and not long since was
roughly handled in a drunken row, being con-
siderably beat up.
About a year ago, the county commission-
ers, by request, made Main street, in this city
a county road. The city council took no further
interest in the street, and the county failed to
make any improvements in its condition. The
present board has returned the street to the
city, and the mayor has ordered the road over-
seer to do a sufficient amount of work on it to
make it at least passable.
chunk 4658 · paragraph 75
no further
interest in the street, and the county failed to
make any improvements in its condition. The
present board has returned the street to the
city, and the mayor has ordered the road over-
seer to do a sufficient amount of work on it to
make it at least passable.
Martin Flynn was killed near Anthony,
N. M., Wednesday morning. He had recently
been promoted to the position of road master
and was in charge of the work train distribut-
ing ballast where the recent high water had
washed out. He was riding on a car of rock,
when a sudden stoppage of the train caused
him to fall between the cars; he was run over
and horribly mangled, his skull being crushed,
his left arm and right leg severed from his
body. Death was instantaneous.
A Celebrated Case
Barney Kerr Acquitted. An Able Defense.
chunk 4659 · paragraph 78
rock,
when a sudden stoppage of the train caused
him to fall between the cars; he was run over
and horribly mangled, his skull being crushed,
his left arm and right leg severed from his
body. Death was instantaneous.
A Celebrated Case
Barney Kerr Acquitted. An Able Defense.
The history of this case will go upon the
records as one of the most intricate ever tried
in the territory, where so many different cases
having a like import, have been brought to a
satisfactory conclusion. Barney Kerr, whatever
may be the conviction in the popular mind, re-
garding his guilt or innocence of the foul crime
imputed to him, is now a free man. That his
freedom is owing entirely to the tact of his emi-
nent lawyers, in producing evidence, there can
be no doubt. His counsel in the trying ordeal
are entitled to all the praise, if praise there be,
and to their ability, Barney Kerr owes his free-
dom if not his life. Hon. John J. Bell, with his
oratory and sound reasoning, convinced a jury
of twelve intelligent men that his client could
not from any reasoning process, be guilty, and
by the exercise of his peculiar triple-plated elo-
quence, carried conviction to the minds of all.
Hon. G. D. Bantz, associate counsel with Mr.
Bell, comes in also for his share of glory, as
his logical deductions in the premises, laid the
foundation for an acquittal. His spacious rea-
soning, tracing from cause to effect, and the
manner in which he handled the case from be-
ginning to end, showed conclusively that he
was a student of more than average application,
and worked earnestly and conscientiously in
behalf of his client.
chunk 4660 · paragraph 79
acquittal. His spacious rea-
soning, tracing from cause to effect, and the
manner in which he handled the case from be-
ginning to end, showed conclusively that he
was a student of more than average application,
and worked earnestly and conscientiously in
behalf of his client.
On the 24th of April a horrible murder was
committed in the Mangus valley, in which
Jimmie Kerr, a well-known prospector, was the
victim, and his brother Barney Kerr, and one
Peter Mungall, known as “Scotty,” were
charged with being his murderers. At the pre-
( 39 )liminary hearing, Scotty was discharged, and
when the grand jury assembled a few weeks
ago, Barney was indicted for murder in the first
degree. His case was called for trial and was
concluded last Friday night, resulting in a ver-
dict of not guilty. The case presented many
very interesting features, and was listened to
with wrapt attention by a large audience. It
was thought that a jury could not be secured, as
so much had been printed about the case that
nearly all of the jurors had formed or expressed
opinions in regard to the guilt of the defendant,
but the defense adopted the liberal though bold
plan of challenging no juror who would say
that he could render a fair verdict after hearing
all of the testimony.
chunk 4661 · paragraph 81
case that
nearly all of the jurors had formed or expressed
opinions in regard to the guilt of the defendant,
but the defense adopted the liberal though bold
plan of challenging no juror who would say
that he could render a fair verdict after hearing
all of the testimony. The testimony for the pro-
secution was substantially the same as was
brought out at the preliminary trial, a full ac-
count of which has already appeared in the
Enterprise, and we merely allude to it again.
It appears that Jimmie Kerr, the deceased;
Barney, the defendant, and Charley Campbell
were at work cribbing a well on the defendant’s
ranch. Peter Mungall, whose ranch adjoins,
visited them several times, bringing with him
whiskey, of which they all drank. At about four
o’clock in the afternoon the party adjourned to
Mungall’s cabin, where the demi john was
passed around quite frequently. It appears that
Campbell started to get some water from the
well, but fell asleep on the trail.
chunk 4662 · paragraph 81
th him
whiskey, of which they all drank. At about four
o’clock in the afternoon the party adjourned to
Mungall’s cabin, where the demi john was
passed around quite frequently. It appears that
Campbell started to get some water from the
well, but fell asleep on the trail. Scotty after-
wards took a bucket and started for water,
found Campbell asleep, woke him up, and then
became unconscious himself, remembering no
more until he was awakened the next morning
about 7 o’clock, when he found himself lying
in bed with Barney, the latter having a number
of wounds on his head and very bloody, while
Jim Kerr was lying on the floor, also very bloody
and dying from wounds on the head. The dying
man was lifted into the bed and soon afterward
expired. Barney seemed to be in a semi-
conscious state nearly all day. When the coro-
ner’s inquest was held at about 10 o’clock that
night, Barney told several that he had his
brother’s blood on his hands, that it was a sad
affair; that no malice was intended and that it
was done and couldn’t be helped, and further-
more, said that Scotty hadn’t anything to do
with it. The wounds on the deceased’s head
had been inflicted by a heavy blunt instrument
like a crowbar. placed in jail.
chunk 4663 · paragraph 82
t was a sad
affair; that no malice was intended and that it
was done and couldn’t be helped, and further-
more, said that Scotty hadn’t anything to do
with it. The wounds on the deceased’s head
had been inflicted by a heavy blunt instrument
like a crowbar. placed in jail. Doctor Slough was called in to
dress his wounds, and it was then ascertained
that the wounds were quite serious ; there was
one at the back of the head which had appar-
ently been inflicted by a heavy blunt instru-
ment, and three on the left side of the head
cover the motor centres. Finding the wounds
of this description Dr. Slough at once requested
the assistance of another physician and Dr.
Guthrie was summoned. It was found that a
complete mat had been formed of dry blood,
sand and hair, on the side of the head, indicat-
ing that the flow of blood had been checked
by a pressure on that side of the head, which
had continued long enough to dry the wound
and check the blood flow. Drs.
chunk 4664 · paragraph 82
ound that a
complete mat had been formed of dry blood,
sand and hair, on the side of the head, indicat-
ing that the flow of blood had been checked
by a pressure on that side of the head, which
had continued long enough to dry the wound
and check the blood flow. Drs. Slough, Guthrie
and Woodville testified that the wound on the
back of the head must have caused immediate
unconsciousness which must have lasted for sev-
eral hours, and that the effect of the blows on
the side of the head was to paralyze or render
helpless the defendant’s right arm, and that
after receiving the blows which he did, that it
would have been impossible for him to have in-
flicted the blows which Jim Kerr had evidently
received. The conclusion therefore to be drawn
was, that Barney was not guilty unless Jimmie
had received his wounds before Barney got his.
The defendant’s attorney under the advice of
Dr. Slough had Jimmie Kerr’s body exhumed
and a post mortem examination made. Drs.
Slough and Woodville conducted the post mor-
tem examination, and in order that no doubt
could arise as to the nature of the deceased’s
wounds, they were photographed with the scalp
on the head, and also after it was removed.
chunk 4665 · paragraph 82
xhumed
and a post mortem examination made. Drs.
Slough and Woodville conducted the post mor-
tem examination, and in order that no doubt
could arise as to the nature of the deceased’s
wounds, they were photographed with the scalp
on the head, and also after it was removed. It
was thus shown beyond the shadow of a doubt,
that it was impossible for the deceased to have
inflicted the wounds on Barney after the wounds
had been inflicted on himself. The opinion of
the physicians as to the effects of Barney’s
wound were supported by the most eminent
medical authorities; a number of passages from
medical books were read to the jury. The
strongest point against the defendant was his
own admission, but the physicians testified that
it frequently happened that a man after receiv-
ing such wounds as Barney had, would give
accounts of the transaction even in detail, and
the account would be entirely false, although
made in perfect good faith.
( 40 )
chunk 4666 · paragraph 84
as his
own admission, but the physicians testified that
it frequently happened that a man after receiv-
ing such wounds as Barney had, would give
accounts of the transaction even in detail, and
the account would be entirely false, although
made in perfect good faith.
( 40 )
curs from violence. Such an examination very
often materially assists the exposure of guilt,
and becomes a shield for the innocent. We can-
not insist too strongly upon this matter. Our
coroner should have medical experience. The
justice of the peace gets $13 for holding an
inquest, and as a general thing he might as well
not hold any, for all the good it does. It seems
to us in this matter, our policy is a penny-wise
and a pound-foolish one. Many a guilty man
has been brought to justice who would have
never been detected, but for an inquest con-
ducted by a coroner having professional ex-
perience. A great deal of credit is due to Dr.
Slough. His testimony or rather lecture on the
subject of wounds on the head, was very enter-
taining and instructive, and was listened to with
marked attention. Without the medical testi-
mony, the defendant stood in great jeopardy.
Indeed it was currently reported, that when the
jury was empanneled and before the evidence
was introduced, ten out of the twelve, on the
facts as they understood them at the time, were
in favor of murder in the first or second degree,
but after hearing all the testimony became con-
vinced that the defendant was not guilty, and
their verdict was reached immediately after
chunk 4667 · paragraph 85
oduced, ten out of the twelve, on the
facts as they understood them at the time, were
in favor of murder in the first or second degree,
but after hearing all the testimony became con-
vinced that the defendant was not guilty, and
their verdict was reached immediately after
retiring.
Some miscreant set fire to the railroad
bridge of the N. M. and A. railroad, near Clif-
ton, recently, and destroyed eight trusses before
the fire was discovered. This is the second
attempt within a short time to destroy this
bridge, and if the cowardly, murderous wretch
can be discovered, he should be elevated by
the hempen route, and sent where the dogs
couldn't bite him.
TREMONT HOUSE arrivals. — C. C. Hall and
A. D. Campbell, Kansas City; J. C. Need, Na-
than Frank and Geo. T. Huffman, St. Louis; F.
M. Prescott, Pueblo; Felix Leavick, Leon Lea-
vick, Denver; Nat J. Tobias, San Francisco; E.
Wolff, Chicago; J. R. Gillman, C. Sterne and
I. Holzman, Albuquerque; B. M. Friend, N. O.;
J. M. Coddington, New York; R. W. Johnston,
Richmond; P. R. Smith, L. M. Haydon and S.
Howard, Doming; S. B. Brildart, Las Vegas.
It is currently rumored that track building
will begin about July 1, on the North Mexican
& Pacific railroad (The road south of Doming).
20,000 HEAD SHIPPED
chunk 4668 · paragraph 92
ton, New York; R. W. Johnston,
Richmond; P. R. Smith, L. M. Haydon and S.
Howard, Doming; S. B. Brildart, Las Vegas.
It is currently rumored that track building
will begin about July 1, on the North Mexican
& Pacific railroad (The road south of Doming).
20,000 HEAD SHIPPED
Bud Williams, cattle inspector of this dis-
trict, informs the Enterprise that already this
season about 20,000 head of cattle have been
shipped from Doming. Of this number about
1500 head were stock cattle shipped by M.
Haalf from his ranch north of Separ to Elmdale,
Kansas. Last year the cattle shipment from
Doming amounted to about 100,000 head, and
this year Mr. Williams thinks the shipment will
run much higher. There are two good reasons
for this belief, one that the market is much
better, and the other, that the trail from the
west of Doming is better established than last
year.
chunk 4669 · paragraph 93
amounted to about 100,000 head, and
this year Mr. Williams thinks the shipment will
run much higher. There are two good reasons
for this belief, one that the market is much
better, and the other, that the trail from the
west of Doming is better established than last
year.
TIMMER HOUSE arrivals. — J. S. Hutchins, C.
A. Ligare, E. G. Griffith and W. H. Buy, Chica-
go; Howell Brown, W. B. Foster and Abe Gold,
El Paso; T. G. Carr, Dallas; Mariano Barela, A.
Barela, Las Cruces; C. V. Hugo and wife. Fort
Bayard; C. App, Chas. Dennis, Georgetown;
H. K. Sheet, Doming; J. S. Dodd, Black Hawk;
Wm. French, Mrs. Duffye, Alma ; K. G. Pullian
and wife, A. H. Doellner, T. E. Hinds and J. C.
Hotehmuth, St. Louis; S. W. Stryker, Philadel-
phia ; W. H. Mix, Byron, J. N. Ballars, Kingston ;
Sig Simmons, W. A. Seldon and W. Wolf, San
Francisco ; W. F. Aiken and T. G. Boone, Pinos
Altos; G. D. Jones, Whitewater; Sim Holstein
and Mrs. King Holstein, V V ranch; J. N. Upton,
Mimbres ; J. Cooper, Burros ; C. F. W. Schmidle,
Burro Cienega.
Frank Garst, the successful goat and cow
man from the Sacramentos, Dona Ana county,
will deliver 600 head of two and three-year-old
steers at Clayton soon. Prices received $13 and
$17 respectively.