In Witness Whereof I have hereunto set my hand and caused the Seal of the Territory of New Mexico to be affixed.
[Seal] Done at the City of Santa Fe this the thirteenth day of November A. D. Eighteen hundred and Seventy Eight.
By the Governor
W. G. RITCH, Secretary LEWIS WALLACE
Governor of New Mexico
Entered of record November 15th A. D. 1878
W. G. RITCH, Secretary
(Copy certified by Alicia Romero, Secretary of State, Aug. 21, 1950)
B
THE CHANGE OF VENUE
1 Rynerson's Motion
2 The Supporting Affidavit
3 Change of Venue Granted
1
The District Court of the Third Judicial District of County of
Lincoln, Territory of New Mexico, at the April A.D. 1879 Term Thereof
Cause No. 244 - Murder
(532. Dona Ana County.)
The Territory of New Mexico
vs
John Middleton
Henry Brown and
William Bonny alias Kid
alias William Antrim
Now comes the said Territory by her attorney W. L. Rynerson, District Attorney of the said Third Judicial District and moves the
Court to change the Venue in the above entitled Cause as to the said defendant William Bonny alias "Kid" alias William Antrim for reasons set forth in the following affidavit.
W. L. RYNERSON
District Attorney
Territory of New Mexico, County of Lincoln
W.L. Rynerson district attorney for the Third Judicial District of the said territory of New Mexico, being first duly sworn deposes and says that justice cannot be done the said Territory on the Trial of said defendant in the said County of Lincoln for the reason that jurors in attendance and liable to be summoned for the Trial of said defendant from partisanship in the troubles existing in the said county have so prejudiced the said Jurors that they cannot fairly and impartially try the said defendant and for the further reason that the said Jurors and witnesses in said Cause are so intimidated by lawless men in said Lincoln County, that the said Jurors and Witnesses cannot fearlessly perform their respective duties at said Trial in said Lincoln County.
W. L. RYNERSON
Sworn to and subscribed before me in open Court, April 21, A.D. 1879 Louis H. Baldy, Clerk
2
Affidavit and Motion for Change of Venue
Cause 244-
(532. Dona Ana County)
Territory of New Mexico, County of Lincoln
Marion Turner and John Long being severally sworn depose and say severally that they have heard the foregoing affidavit read and heard the contents thereof and that the matters and things as therein stated are true.
JOHN LONG
MARION TURNER
Sworn and subscribed before me April 22, 1879
Louis H. Baldy, Clerk
3
Eighth Day, Tuesday, April 22, 1879
Court met pursuant to adjournment
Present as of yesterday
243 - Murder
The Territory
VS
John Middleton
Henry Brown
William Bonny
Alias "Kid" Alias William Antrim
This Cause coming on to be heard upon the motion of the Plaintiff herein by W. L. Rynerson Esq District Attorney therefor, for a change of venue in Said Court as to said Defendant William Bonny-alias Kid, alias William Antrim, for reasons set forth in the affidavit attached to Said motion now on file herein, and the motion being submitted to the Court and the Court being fully advised in the premises, sustains Said motion Said Defendant being present with his counsel to which ruling of the Court the Defendant excepts.
It is therefore ordered by the Court that the venue in this Cause, as to the Defendant William Bonny alias "Kid" alias William Antrim herein, be and the same hereby is changed to the County of Dona Ana in the Third Judicial District, Territory of New Mexico, and it is further ordered that the Clerk of this Court make an exemplified copy of the proceedings had in this Cause in this Court and transmit the same together with the Original Papers in Said Cause to the District Court in and for the County of Dona Ana, Territory of New Mexico.
And now further comes the Said Territory by her said District Attorney and moves the Court that Isaac Ellis, B. F. Baca and Jacob B. Mathews who have been summoned to appear and testify as witnesses in Said Cause on the part of the Territory and are now present in Court be required to enter into their personal recognizance respectively to appear as such witnesses at the next Ensuing Term of the Court in and for Said County of Dona Ana, which said motion is sustained by the Court. It is therefore ordered that Said Witnesses be and they thereby are required to enter into their personal recognizance respectively in the sum of ($1,000.00) One Thousand Dollars for their appearance as aforesaid. And now comes the said Ellis, the said B. F. Baca and the said Jacob B. Mathews who in open Court each for himself does acknowledge that he is indebted to the Territory of New Mexico in the Penal Sum of One Thousand Dollars, for the payment of which well and truly to be made he binds Himself, his heirs, executors and administrators upon the condition ever that if he shall personally appear at the next ensuing Term of the District Court for the Third Judicial District of the Territory of New Mexico to be held in and for the County of Dona Ana as a witness on the part of the Territory in Said Cause and shall remain in attendance thereat from day to day and from Term to Term until discharged by Authority of law then this obligation to be void otherwise to remain in full force and effect.
244
Now comes the Plaintiff herein by her District Attorney W. L. Rynerson Esq. and the Defendant William Bonny, alias Kid alias William Antrim, herein appearing in his own proper person accompanied by his counsel. Whereupon the said Plaintiff by her said attorney moves the court, that the Venue in this Cause be changed as to the said Defendant William Bonny alias Kid alias William Antrim for the reasons set forth in the affidavit therefor filed herein and the Court being fully advised in the premises sustains Said motion.
It is therefore ordered that the Venue in this Cause as to the said Defendant William Bonny alias Kid alias William Antrim be and the same hereby is changed to the County of Dona Ana in the Third Judicial District of the Territory of New Mexico. And it is further ordered that the Clerk of this Court make an exemplified Copy of the proceedings had in this Cause in this Court and transmit the Same together with the original Papers in Said Cause to the District Court in and for the said County of Dona Ana to which ruling and order of this Court the Defendant Excepts.
Proceedings of the Eighth Day of the District Court of the Third Judicial District held in Lincoln, New Mexico on Tuesday April 22, 1879, and found of Record in Volume B on Pages 316-317-318 of the District Court Records of Lincoln County, New Mexico.
District Court Lincoln County, State of New Mexico, Carrizozo, 13th day of October A. D. 1949
J. G. MOORE, Clerk
[signed]
OTELA E. VEGA, Deputy
C
BILLY THE KID'S TRIAL
1 The Missing Indictment
2 Request for Instructions by Defendant's Counsel
3 Judge Bristol's Instructions to the Jury
4 The Jury
5 The Verdict
6 The Sentence
7 The Death Warrant
8 The Sheriff's Return of the Death Warrant
1
Geraldine S. Mathisen, District Court Clerk
Third Judicial District, Phone 11, Las Cruces, New Mexico October 19, 1949
To WHOM IT MAY CONCERN:
I, Geraldine S. Mathisen, Clerk of the District Court of the Third Judicial District of New Mexico do hereby certify that I have made a due and diligent search of the records here in this office, and fail to find the indictment in Criminal Cause No. 532 entitled Territory of New Mexico versus William Bonney alias "Kid" alias William Antrim
<
br /> Dated at Las Cruces, New Mexico this the 19th day of October, A.D. 1949.
[s] GERALDINE S. MATHISEN
District Court Clerk of the
Third Judicial District in and for the county of Dona Ana, State of New Mexico
2
In the District Court, Dona Ana County, N. M.
March 1881 Term
Cause 532
Territory of New Mexico
vs
William Bonny, alias Kid, alias William Antrim (Murder)
Instructions asked for by Defendants Counsel. The Court is asked to instruct the Jury as follows, to wit:
1st Instruction asked.
Under the evidence the Jury must either find the Defendant guilty of murder in the 1st degree, or acquit him.
2nd Instruction asked.
The Jury will not be justified in finding the Defendant guilty of murder in the 1st degree unless they are satisfied, from the evidence, to the exclusion of all reasonable doubt, that the defendant actually fired the shot that caused the death of the deceased Brady, and that such shot was fired by the Defendant with a premeditated design to effect the death of the deceased, or that the Defendant was present and actually assisted in firing the fatal shot or shots that caused the death of deceased, and that he was present and in a position to render such assistance from a premeditated design to effect the death of the deceased.
3rd Instruction asked.
If the Jury are satisfied from the evidence to the exclusion of all reasonable doubt that the Defendant was present at the time of the firing of the shot or shots that caused the death of the deceased Brady, yet, before they will be justified in finding the Defendant guilty, they must be further satisfied from the evidence and the evidence alone, to the exclusion of all reasonable doubt, that the Defendant either fired the shots that killed the deceased, or some of them, or that he assisted in firing said shot or shots, and that he fired said shot or shots or assisted in firing the same or assisted the parties who fired the same either by his advice, encouragement, or procurement or command from a premeditated design to effect the death of Brady. If the Jury entertains any reasonable doubt upon any of these points, they must find a verdict of acquittal.
A. J. FOUNTAIN
J. D. BAIL
Attorneys for Defendant
3
Territory of New Mexico District Court
3rd Judicial District
Dona Ana County
April Term A. D. 1881
Murder- 1st Degree
The Territory of New Mexico
Vs
William Bonney alias Kid alias William Antrim
Gentlemen of the Jury: The defendant in this case William Bonney alias Kid alias William Antrim is charged in and by the indictment against him which has been laid before you with having committed in connection with certain other persons this crime of murder in the County of Lincoln in the 3rd Judicial District of the Territory of New Mexico in the month of April of the year 1878 by then and there unlawfully killing one William Brady by inflicting upon his body certain fatal gunshot wounds from a premeditated design to effect his death.
The case is here for trial by a change of venue from the said county of Lincoln.
The facts alleged in the indictment if true constitute murder in the 1st and highest degree and whether these allegations are true or not are, for, you to determine from the evidence which you have heard and which is now submitted to you for your careful consideration. In the matter of determining what your verdict shall be it will be improper for you to consider anything except the evidence before you as jurors are the exclusive judges or the weight of the evidence. You are the exclusive judges of the credibility of the witnesses. It is for you to determine whether the testimony of any witness whom you have heard is to be believed or not. You are also the exclusive judges whether the evidence is sufficiently clear and strong to satisfy your minds that the defendant is guilty.
There is no evidence tending to show that the killing of Brady was either justifiable or excusable in law—as a matter of law therefore such killing was unlawful and whoever committed the deed or was present and advised aided or abetted and consented to such killing committed the crime of murder in some one of the degrees of murder.
There is no evidence before you showing that the killing of Brady is murder in any other degree than the first—
Your verdict therefore should be either that the defendant is guilty of murder in the 1st degree or that he is not guilty at all under this indictment.
Murder in the 1st degree consists in the killing of one human being by another without authority of law and from a premeditated design to effect the death of the person killed—
Every killing of one human being by another that is not justifiable or excusable would be necessarily a killing without authority of law. As I have already instructed you to constitute murder in the 1st degree it is necessary that the killing should have been perpetrated from a premeditated design to effect the death of the person killed—
As to this premeditated design I charge you that to render a design to kill premeditated it is not necessary that such design to kill should exist in the mind for any considerable length of time before the killing.
If the design to kill is completely formed in the mind but for a moment before inflicting the fatal wound it would be premeditated and in law the effect would be the same as though the design to kill had existed for a long time—
In this case in order to justify you in finding this defendant guilty of murder in the 1st degree under the peculiar circumstances as presented by the indictment and the evidence you should be satisfied and believe from the evidence to the exclusion of every reasonable doubt of the truth of several propositions.
1st That the defendant either inflicted one or more of the fatal wounds causing Brady's death or that he was present at the time and place of the killing and encouraged—incited—aided in—abetted—advised or commanded such killing—
2nd That such killing was without justification or excuse
3rd That such killing of Brady was caused by inflicting upon his body a fatal gunshot wound
And 4th that such fatal wound was either inflicted by the defendant from a premeditated design to effect Brady's death or that he was present at the time and place of the killing of Brady and from a premeditated design to effect his death he then and there encouraged —incited—aided in—abetted—advised or commanded such killing_
If he was so present—encouraging—inciting—aiding in—abetting_ advising or commanding the killing of Brady he is as much guilty as though he fired the fatal shot—
I have charged you that to justify you in finding the defendant guilty of murder in the 1st degree you should be satisfied from the evidence to the exclusion of every reasonable doubt that the defendant is actually guilty. As to what would be or would not be a reasonable doubt of guilt I charge you that belief in the guilt of the defendant to the exclusion of every reasonable doubt does not require you to so believe absolutely and to a mathematical certainty—That is to justify a verdict of guilty it is not necessary for you to be as certain that the defendant is guilty as you are that two and two are four or that two and three are five.
Merely a vague conjecture or bare probability that the defendant may be innocent is not sufficient to raise a reasonable doubt of his guilt.If all the evidence before you which you believe to be true convinces and directs your understanding and satisfies your reason and judgment while acting upon it conscientiously under your oath as jurors and if this evidence leaves in your minds an abiding conviction to a moral certainty that the defendant is guilty of the crime charged against him: then this would be proof of guilt to the exclusion of every reasonable doubt and would justify you in finding the defendant guilty—
You will apply the evidence to this case according to the instructions I have given you and determine whether the defendant is guilty of murder in the 1st degree or not guilty—
Murder in the 1s
t degree is the greatest crime known to our laws. The Legislature of this Territory has enacted a law prescribing that the punishment for murder in the 1st degree shall be death—
This then is the law: no other punishment than death can be imposed for murder in the 1st degree—
If you believe and are satisfied therefore from the evidence before you to the exclusion of every reasonable doubt that the defendant is guilty of murder in the 1st degree then it will be your duty to find a verdict that the defendant is guilty of murder in that degree naming murder in the 1st degree in your verdict and also saying in your that the defendant shall suffer the punishment of death—
If from the evidence you do not believe to the exclusion of every reasonable doubt that the defendant is guilty of murder in the 1st degree or if you entertain a reasonable doubt as to the guilt of the defendant- then in that case your verdict should be not guilty
Billy the Kid: An Autobiography Page 15
