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Show 306 LEADING FACTS OF NEW MEXICAN HISTORY TERRITORY on the 18th of August, about two o’clock in the afternoon, and stopped at the store of Mercure brothers, situate midway of the block on the south side of the plaza. At the time, Major Weightman was sitting in the southeast corner of the plaza, and seeing Mr. Aubrey ride up, remarked that Aubrey had come and that he must go to see him. Weightman then went to the store, and as he entered, Aubrey was in the act of drinking; they shook hands in a ? friendly manner, Aubrey asking Weightman to drink with him, which he declined to do and took a seat on the counter. <A general conversation then took place between all present relative to the journey of Aubrey to California and return which lasted a minute or two, when Aubrey began to talk about the newspaper called Amigo del Pais, which Weightman querque. had formerly edited in Albur- He asked Weightman what had become of his paper, the reply being that the paper had died for want of subscribers. Aubrey then said that any such lying paper ought to die. Weightman asked him what he referred to, when Aubrey said, ‘‘ Last fall you asked me for information about my trip which I gave you, and you afterwards abused Aubrey me.’? Weightman replied that it was not so; whereupon his fist down upon the counter with considerable brought force, and repeated: ‘‘I say it is so.’’ Weightman then got off the counter and took in his right hand a tumbler about one third full of liquor and water and pitched the contents into Aubrey’s face. Weightman then put the tumbler on the counter, stepped back a pace or two and placed his hand upon his belt. When Aubrey received the contents of the glass in his face he immediately drew a fiveoccurrence universally regretted, and the regret seems to have been heightened by the achievement which he had just accomplished of making the trip from San José to Peralta in twenty-nine days — not unaccompanied, as has been eos) but with a company of sixty men, and bringing with them to Peralta ; wagon which had been driven the whole distance. We have seen a letter from a vonnelly states thisto fact it furnishes irrefutable evidence that i pean from which Alburquerque San and Francisco is practicable, and that, as mules a wagons can be driven between San José and Alburquerque, or Peralta, rr wenty-nine days, it is by all odds the best route which has yet been discoveret for a railroad ds nif ; Pacific lroad to the Pacific. Now take the southwestern oe et te i Missouri border, as it branch has beetof the I acti Pd aipalig urquerque : hence to the Pacific, and we shall be § the Tedice ” us the great central route for the trade of California and In the issue of the Republican cont aining the above is also fou nd copied from the Santa Fé Gazette the account of the killing of Aubrey from whi eh the text is written, e OF NEW MEXICO 307 shooter from his left side, and, as he brought it up in front, one barrel was prematurely discharged before it was on a level with Weightman’s person and the bullet went into the ceiling. When Weightman saw Aubrey draw his pistol, he drew a bowie knife from his belt; they clinched, and before Aubrey had time to bring his pistol down and fire a second time, Weightman stabbed him in the abdomen. About the time that the parties came together, two of the by-standers seized hold of them, but it was too late to prevent the mischief. Aubrey was caught in the arms of Henry Cunlffe and died in about ten minutes. Weightman went to his quarters where he was arrested by the United States marshal. The following day the case was heard before Judge Davenport, sitting as a committing magistrate, who bound him over in the sum of two thousand dollars. Aubrey was buried in the parochial church, his remains having been followed to the grave by a great concourse of friends.2* Major Weightman was indicted 2? 929 232 at the term of court in Sep- _ 31 Santa Fé Gazette, 1854. The attorney appearing for the territory before Judge Davenport says: ‘‘This affair caused much excitement, and as is always the case, the friends of the respective parties disagree; those of Major Weightman contending that the stabbing was done in self-defense, while Aubrey ’s friends take the contrary side. As we were the prosecuting officer before the examining court, we have no opinion of our own to express in reference to the matter; but will state in addition to what we have already written, that there was no evidence given upon the examination that Major Weightman mow or attempted to draw his knife before Mr. Aubrey his drew pistol. Whether the homicide was justifiable in self-defense or not, we deplore it as being a melancholy and unfortunate affair, and no one regrets its occurrence more than we do. We had never seen Mr. Aubrey, but always heard hui Spoken of as a pleasant and agreeable man. Major Weightman we have known nearly a year, and in our personal intercourse he has always treated us in a sentlemanly manner. Mr. Aubrey was buried Saturday afternoon in the ParToquial church, ’? ‘‘Territory of New Mexico vs. > record of this trial is as follows: >: Richard Hanson Weightman. Murder. This case was called up for trial, Thursday, the 21st of September, and a jury sworn and empanelled without a oe ne “ic Pig ‘either on the part of one ee pi oe G by W. W. H. Davis, esq., acting | torney pened ering \ ereure’ nel pe ee oa theo ee that neta nies dead ; anias a Out a e ie 18th ‘e August and stopped at Sitehousei; several ; of Of his friendsthei came ito see iwhom it was Major o hihim, ¢amongst ae our i — : ne Shook hands with them and asked them to creak Hae sg Hein Meekian several remarks were made about = oe u pete Ne Gtoumstonces 1 thought he had gone to the Runes} a7 — by : on called oo. i kept Aubrey a. a intent Was: ‘A — such lying » Aubrey said, last him here ; Aubrey asked a si - inert ae Fg if 1t were dead; to whieh os oo a | pe fo papers ought not to live ; _Welg man a6 ce ™ — fall when he came from California, Weightman asked |