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Show 308 LEADING FACTS OF NEW MEXICAN HISTORY TERRITORY tember, 1854. The testimony having all been taken, Judge Benedict charged the jury as follows: ‘The court instructs the jury that if they believe, beyond any reasonable doubt, from the evidence given in this case, that Aubrey drew a five-barreled loaded Colt’s pistol, with intent to shoot at and greatly injure the person of Weightman; and that Aubrey was in the act of preparing the pistol and placing it in the position and manner with which to shoot the defendant, Weightman; and that by reason of such acts of Aubrey, the life or person of Weightman was put in immediate and great danger, and that he had no reasonable and safe means in his power to avoid or escape the danger in which he was placed, without taking the life of Aubrey, to secure his (Weightman’s) own life, and that under such circumstances he In- stantly drew his knife and wounded Aubrey so that he quickly died of the wound, then, upon so believing, they (the jury) will find the defendant not guilty in manner and form as the defendant, Weight- man, is charged in the indictment.’’ The jury, after deliberating about one hour, brought in a verdict of not guilty.2%8 him for a report of the route, which he gave him, and that he had published the contrary, which made it a perfect lie. Maj. Weightman told him it was not 80; Aubrey said it was so; Weightman got up from where he was sitting and took a glass of liquor that was on the counter and threw the liquor in Aubrey’s face; the glass was nearly half full ; then Weightman stepped back; while Aubrey was taking his pistol from his belt, a shot went off in the ceiling; Weightman walked up to him; they seized hold of one another; I jumped over the counter and took hold of Maj. Weightman, and my off; Aubrey brother took hold of Aubrey; then I saw a knife in Weightman’s hand covered with blood; I told him to let 30 and he said that Aubrey was hurt; we parted them; Aubrey fell in Henry CunIffe’s arms; Weightman went died a short time afterward. Aubrey was struck in the belly below the navel; I saw the wound while Dr. Leon was dressing it; that looks like the knife I saw in Weightman’s hand; Aubrey died in my store about ten minutes after he was cut.’’ On cross-examination the witness said: ‘‘Weightman was sitting on the counter; he took the glass of liquor in his right hand; I found the glass after wards on the counter; after the pistol was drawn out it went off; it was ® five-shooter; I don’t know what Aubrey said while was drawing out a?: Richardson pistol; I did not hear him say anything; my brother, heCunlffe, Conklin were present; and others might have been; the store has two doors fronting on the street ; @ good many were there when Aubrey on two or three minutes, more or less, after I got hold of them theyfell;wereit was scuffing the difficulty was near the east door; Aubrey was near the east door when? the space outside of the counter is, in some places, six, some el8 commenced; and in some ten feet wide, there being a good many things piled up there; they met friendly; some four or five minutes elapsed before the difficulty oceurre: The other witnesses, J oseph Mercure, Richardson and Henry Cunlffe about the Same testimony as the above; there was no material difference. |8" #88 The finding of the Jury (translation) was as follows: ‘‘ We, the a having considered with sufficient care, after having heard the evidence ae hibited before the Honorable Court in the cause confided to us, have unam OF NEW MEXICO 309 As we have seen, Major Weightman was succeeded as delegate to congress by José Manuel Gallegos, who defeated William Carr Lane for the office. The struggle was largely one between the two factions of the Catholic church, one headed by Rt. Rev. J. B. Lamy and the new clergy brought by him to the country, and the other by the Mexican priests, who were very unfavorably disposed toward the new representative of church authority. The grounds of contest on the part of Lane were that votes of Pueblo Indians cast for him had been illegally rejected. There were also charges of fraud and counting; the congressional committee paid very little to these. The vote for Gallegos, however, was cut down to 2,227 for Lane. The congressional committee decided, for cal purposes, at least, that the Pueblo the elective franchise. in voting attention 2,806 and all practi- Indians were not entitled to In 1855, Gallegos was again elected, according to the governor’s certificate, but, in a contest, his seat was given to Don Miguel A. Otero,?** who held the office for three successive mously agreed and are of the opinion that the defendant he committed such an act in defense of his person. is not guilty, because ‘* Vincente Garcia, ‘Foreman of the jury.’’ Aubrey’s Journal from California to New Mexico may be found at pp. 8496 of The Western Journal and Cwwilian, vol. xi, no. 2, Nov., 1853; vol. xi, old style; vol. v, new style. *84U. 8. Gov. Doc., 34th cong., Ist sess., H. Miscl. Doc. 5, 15, 114; House Repts. 90. This report contains all of the testimony taken in the contest. The vote was 6,914 to 6,815, making Gallegos’s majority 99. The congressional Committee gave Otero 290 majority. There were about 1,400 disputed Mexican votes. The chief ground of this contest was the voting by men who, after the treaty of Guadalupe Hidalgo, had chosen — not in legal form as was claimed — to remain citizens of Mexico, but had changed their minds. Congress was not disposed to recognize these as citizens of the United States. Otero alleged, among many other frauds, that in one precinct the priest of San Juan received and read all the votes, rejecting those which were not for Gallegos. Bishop Lamy and his friends in the priesthood worked for Otero. . Miguel A. Otero was born in the plaza of Valencia, Valencia county, New Mexico, June 21, 1829, his parents being Don Vicente and Dofia Gertrudis (Aragon) de Otero, natives of Spain and descended from distinguished families. V on Vicente held many positions of honor and trust under the Spanish and anagona sovernments, having been judge and alealde in his home county. Miguel Antonio Otero received his education at St. Louis University, Missouri. ‘8 parents desired to have him study for the priesthood, but after leaving the ty Mr. P’ace for some Otero went to Fishkill time he held a position on the Hudson, as a member in a college of the faculty. at which Later returned to Missouri where he studied law and was admitted to the bar. : returned to New Mexico tin affairs and polities of M m Valencia county and in ~anuel Gallegos. This office he Later where he became prominently identified with the the territory. He was elected to the legislature 1855 was elected delegate in congress over José he filled with credit to himself and fidelity to the |