IN THE JUSTICE COURT OF SPRINGERVILLE PRECINCT
TERRITORY OF ARIZONA
COUNTY OF APACHE
THE TERRITORY OF ARIZONA                                                                     Springerville, A.T.
        AGAINST                                                                                                  January 16, 1886
DIONICIO BACA

Personally appeared before me this 16th day of January 1886.   Ebin Stanley of Springerville, in the County of Apache, Territory of Arizona, who first being duly sworn, complains and says that one Dionicio Baca of Springerville, Apache County and Territory aforesaid, on the twenty ninth day of December A.D. 1885, at the town of St. Johns, in the County of Apache, Territory of Arizona did feloniously, maliciously, and without probable cause, procure a search warrant to be issued and executed against upon the person and in the dwelling house of Affiant.   All of which is contrary to the form of the Statute in such cases made and provided, and against the peace and dignity of the Territory of Arizona.   Said Complainant therefore prays that a warrant may be issued for the arrest of the said Dionicio Baca and that he may be dealt with according to law.
Signed, Ebin Stanley.

Subscribed and Sworn to before me
this 16th day of January A.D. 1886.
John T. Hogue
Justice of the Peace of said Precinct.



THE TERRITORY OF ARIZONA
       AGAINST                                 FOR ILLEGAL SEARCH WARRANT
DIONICIO BACA
IN THE JUSTICE COURT OF SPRINGERVILLE PRECINCT
TERRITORY OF ARIZONA
COUNTY OF APACHE

The territory of Arizona: To any Sheriff, Constable, Marshal or Policeman in the County of Apache.   A complaint upon oath having been this day laid before me by Ebin Stanley that the crime of procuring a malicious search warrant had been committed and accusing Dionicio Baca thereof.   You are therefore commanded forthwith to arrest the above named Dionicio Baca and bring him before me forth with at my office in said Springerville Precinct, in said County of Apache

Dated at my office, in said Springerville Precinct
in said County of Apache, the 16th day of January A.D. 1886.
John T. Hogue, Justice of the Peace of said Precinct.


TERRITORY OF ARIZONA VS DIONICIO BACA

Benigno Lopez being first duly sworn deposes as follows:

Q. What is your name?

A. Benigno Lopez.

Q. Where do you reside?

A. St. Johns.

Q. What is your occupation?

A. Justice of the Peace.

Q. What, if any, official position do you hold in this County?

A. Justice of the Peace in St. Johns.

Q. Are you acquainted with the Defendant, Mr. Baca?

A. Yes sir.

Q. Were you such Justice of the Peace on the 29 day of December 1885?

A. Yes sir.

Q. Did you have any official transaction with Mr. Baca on the 29 day of December 1885?

A. Yes sir.

Q. Please state what they were, if any?

A. Well, they came to my house and their business was to make that search warrant.

Q. What, if anything, did Dionicio Baca say to you when he applied for the warrant?

A. Our Attorney asked him if he had reason to swear out a warrant.

Q. What was done then, if anything?

A. I issued the order and gave it to the Constable.   Baca never told me nothing.   Our Attorney asked him if he had evidence sufficient to procure a search warrant.   He said he had.   He swore to it.  I then gave the order to the Constable.

Q. He didn't state any circumstances to you?

A. No.

Q. He didn't state any reason he had for asking for a search warrant?

A. No, he did not.

Q. The Attorney then, did not advise him to issue the warrant?

A. I don't know if he did

Q. I will ask you to produce the original warrant? (complaint)

A. He then produced the original complaint which reads as follows:

TERRITORY OF ARIZONA VS DIONICIO BACA

TERRITORY OF ARIZONA
COUNTY OF APACHE

Dionicio Baca being duly sworn deposes and says; That on the night of December 27, 1885, he was robbed of about eleven thousand one hundred and sixty-six dollars in gold and silver coin and currency, all legal money of the United States, by five or more persons whose names are to Affiant unknown.   That Affiant has reason to believe, and does believe, that said money so taken and stolen from him, or a part of the same, is concealed in the house of Ebin Stanley, which house is situated in Springerville, in said County and Territory, about 500 or 600 yards north of the old store, formerly used and occupied by Becker Bros. and which is the same formerly owned and occupied as a dwelling house by E.C.Bunch of said County, or in the adobe house occupied by Buck Henderson in St. Johns Arizona, or that the said money or some part thereof is concealed in some of the houses situated on what is known as the Cienega Amarilla in said County and Territory, or that said money, or some part thereof, is concealed on the person of Eben Stanley, Lee Renfro, Bill Jackson and Phineas Clanton. Affiant therefore prays that a search warrant may be issued, and said premises and persons searched.

(Signed,) Dionicio Baca.

Subscribed and sworn to before me
this 29th day of December A.D. 1885.
(Signed,) Benigno Lopez, Justice of the Peace.

Q. Did you issue a warrant on that complaint?

A. Yes sir.

Q. I will ask you to produce the original warrant?

A. Witness produced said warrant.

Q. Was there any return on that warrant made by the Officer?

A. Yes sir, the Constable of Round Valley made his return on it.

Q. I will ask you to produce his return?

A. Here it is.

TERRITORY OF ARIZONA COUNTY OF APACHE

To any Sheriff, Constable, Marshal or Policeman in the County of Apache: Proof by Affidavit having been this day made before me by Dionicio Baca, that a robbery has been committed, in the robbing of said Baca of about $11,166.00, in gold and silver coin and currency, all legal money of the United States, by five or more persons whose names are to Affiant, unknown, and that there is reason to believe, and probable cause to believe that said money or some part thereof is concealed in the buildings hereinafter described, and upon the persons of the persons hereinafter named.   You are therefore commanded, in the day time, to make immediate search on the persons of Eben Stanley, Lee Renfro, Bill Jackson and Phineas Clanton, and also in the home of Buck Henderson, in the town of St. Johns, Arizona, also, in the house of Eben Stanley, which house is situated at Springerville, Apache County, Arizona, about 500 or 600 yards north of the old store formerly occupied by Becker Bros. and which is the same house formerly owned and occupied by E.C.Bunch as a dwelling house. Also, any and all the houses and buildings, situated on what is known as the Cienega Amarilla in said County and Territory, for the following property to wit: About eleven thousand, one hundred and sixty-six dollars in gold and silver coin and currency, of the United States. being said stolen from said Baca on December 27, 1885, the denominations of said coin and currency which cannot be given and if you find the same or any part thereof, to bring it forthwith before me at my office in the Court House in St. Johns, said County and Territory.

Given under my hand and dated this
29th day of December A.D.
(Signed) Benigno Lopez, Justice of the Peace.

Q. Did he find any property?

A. All I know is what he made on the return of the warrant to me.

Q. All you know about this affair is that Dionicio Baca appeared before you on the 29th day of December, and swore to this complaint for a search warrant, and that upon that complaint and without any other evidence, you issued a search warrant.

A. Yes sir.

Q. What attorney was it that asked Mr. Baca in your presence, whether or not he has reasonable cause for the issuance of the search warrant?

A. Mr. Gutterson.

Signed, Benigno Lopez

James T. Barrow being duly sworn deposes as follows:

Q. What is your name?

A. Jas. T Barrow.

Q. Where do you reside?

A. In Springerville.

Q. What is your occupation?

A. I am Constable of Springerville Precinct.

Q. Where were you on the first and second days of January, 1886?

A. I was at the Ranch of Phineas F. Clanton at the Cienega Amarilla on the first and left there on the second for Springerville.

Q. I will ask you, Mr. Barrow, whether or not you ever saw this paper before? ( show exibit B) What it is, when you received it, what you done with it, and all you know about it?

A. Yes sir. It is a search warrant, I received on the 31st day of December, 1885.   I received it from Senon Castillo in the presence of Capt. John T. Hogue.   I searched the Ranch and buildings attached thereto on the first day of January, 1886.   I searched the dwelling house of Eben Stanley on the 2nd day of January, 1886.   I made my return on the 4th day of January, 1886, to Benigno Lopez in St. Johns

Q. Did you search the place very thoroughly?

A. I did.

Q. What part of Mr. Stanley's house did you search?

A. I searched the house all over, every room in it.

Q. Did you search all of their private compartments, such as trunks, beds, etc?

A. I search everything thoroughly.

Q. What was you searching for?

A. I was searching for the property described in the warrant?

Q. Did you find it, or any trace of it then?

A. I did not.

Q. You were an Officer on the 2nd day of January, 1886?

A. Yes sir, I was appointed Special Constable by Capt. Hogue, Justice of the Peace.

Q. What County and Territory is this place of Ebin Stanley situated in?

A. In Springerville, Apache County, Arizona.

Q. Did you find that property, any part of it, or any trace of it at the place of Phineas F. Clanton on the Cienega Amarilla?

A. No sir, I did not.

Q. Did anybody go with you to search these places?

A. No sir.

Q. Who was at Mr Stanley's when the search was made?

A. Nobody, but Mrs. Stanley and the children.

Q. Did the search warrant you had recite at whose instance it was procured?

A. It did.

Q. At whose instance was it recited?

A. At the instance of Dionicio Baca.

Q. I will ask you, state as how you came in possession of the warrant?

A. The warrant handed me by Senon Castillo.

Q. By what authority then did you search the house of Ebin Stanley.

A. I was appointed Special Constable by Capt. Hogue, Justice of the Peace.

Signed, James T. Barrow.


TERRITORY OF ARIZONA VS DIONICIO BACA

TERRITORY OF ARIZONA
COUNTY OF APACHE                       SS

I, James T. Barrow, Special Constable, appointed to serve the within and foregoing search warrant thereof certify that I received the said warrant on the 31st day of December, 1885, and that I executed the same, by searching the dwelling and premises of Phineas F. Clanton, situated on the Cienega Amarilla, on the first day of January, 1886, and also searched the dwelling house of Ebin Stanley Of Springerville, on the second day of January, 1886, both of which places are situated in Apache County, Territory of Arizona, and that I did not find the property described in said warrant, nor any part thereof in either of the above mentioned places.

(Signed) Jas. T. Barrow

Special Constable

Dated this 2nd day of January 1886.


Ebin Stanley being duly sworn deposes as follows:

Q. What is your name?

A. Ebin Stanley.

Q. Where do you reside?

A. Springerville.

Q. What is your occupation?

A. Farming, Stock Raising.

Q. Where were you on or about the 29th day of December 1885?

A. I was in Springerville on the morning of the 29th.   I went down to St. Johns on that day.   As soon as I arrived in St. Johns, I was arrested late in the evening of the 29th.   I was then put in prison and kept there until the next day.

Q. Was your person searched by anybody?

A. Yes sir.   Thos. Hubbell, a Deputy, arrested me on the street. I asked him by what authority. He said he had a search warrant to arrest and search me.   He handed me the warrant and told me to read it.

Q. Did you read it?

A. Yes sir.

Q. At whose instance did the warrant recite it was procured?

A. Dionicio Baca.

Q. You say you were searched under that warrant?

A. Yes sir.   When I handed back the warrant, he put his hands on my sides and ask me if I had any arms.   I told him I had a pistol and that I would put it behind the bar in Darlings Saloon.   We walked in the Saloon together.   When I put the pistol behind the bar.   He did not find any of the property described in the search warrant, nor any part of it.

Q. Where did all this occur? What County and Territory?

A. St. Johns, Apache County, Arizona.

Q. Where abouts in St. Johns?

A. About the middle of the street in front of the Monarch Saloon run by Walter Darling.

Signed, Ebin Stanley.


The Territory then rested their case.   The Defendant was there informed fully and distinctly of his rights according to law.   He then elected to make a statement without oath, and he was by the Court asked the following questions, to wit:

STATEMENT OF DIONICIO BACA, THE DEFENDANT.

Q. What is your name and age?

A. Dionicio Baca, 42 years of age.

Q. Where were you born?

A. In New Mexico.

Q. Where do you reside, and how long have you resided there?

A. In Springerville, about 11 years.

Q. What is your Profession?

A. Farmer.

Q. Give any explanation you may think proper of the circumstances appearing in the testimony against you, and any fact which you think will tend to your exculpation?

(STATEMENT)

A. This warrant to search the house of Mr. Stanley was made by the County Attorney, and then I was called to sign it, and the County Attorney said to me that it was right.   That it was according to law, and that I was not responsible for anything, and told me to call Benigno Lopez; he was Justice of the Peace; for him to sign it.   That warrant and others were made in St. Johns, and after we had signed, I and Benigno Lopez, it was given by the County Attorney to Thos. Hubbell, and as I was coming up here to the Valley, Thos. Hubbell gave the warrant to me to give to Romolo Tafolla, as he (Tafolla) was going to St. Johns, and I expected to meet him but in case that I should not, to give the warrant to Capt. Hogue.   That is all the defense I have.

Q. Did you not first start to say that the search warrant was made out without your approval?

A. Yes, the warrant was made without my knowing it until I was called to sign it, as there were two or three search warrants made at the same time.

Q. Then, do I understand you that you did not know that this search warrant against Ebin Stanley, Phineas Clanton and others was made out without your knowledge, and you signed it?

A. I did not know it until the County Attorney called me to sign it.   When he called me to sign it, when he made me understand it.   I signed it.

Q. Then you signed this search warrant against Eben Stanley and others at the instance of another party, and not of your own volition?

A. After I was made to understand it, I signed it voluntarily.

Q. Have you any objections to the questions ask by the Court?

A. No, he had not.

Signed Dionicio Baca.
Filed, January 20, 1886
Alfred Ruiz, Clerk.

It appearing to me by the within depositions and the statement of the Defendant that the offense therein mentioned had been committed, and that there is sufficient cause to believe the within named Dionicio Baca guilty thereof, I order that he be held to answer the same, and I have admitted him to bail to answer by the recognizance hereto annexed.

Signed, John T. Hogue,
Justice of the Peace,
Springerville Precinct,
Apache County, Arizona.


IN THE JUSTICE COURT OF
SPRINGERVILLE PRECINCT
TERRITORY OF ARIZONA
COUNTY OF APACHE

An order having been made on the sixteenth day of January 1886, by John T. Hogue, Esq. a Justice of the Peace of Springerville Precinct, Apache County, Arizona, that Dionicio Baca be held to answer and to appear for trial before the Said Justice at his office on the sixteenth day of January 1886, to which time the hearing of this case has been adjourned, upon a charge of maliciously procuring a search warrant, upon which he has been admitted to bail in the sum of five hundred dollars, and which charge is pending in that Court against him in behalf of the people of the Territory of Arizona.

Now, we, Gustav Becker, a resident of Springerville and by occupation a merchant; and Senon Castillo, a resident of Springerville, and by occupation a Saloon keeper, hereby undertake that the above named Dionicio Baca will appear and answer the charge above mentioned, in whatever Court it may be prosecuted, and will at all times hold himself amendable to the order and process the said Justice's Court, and render himself in execution thereof; or if he fail to perform either of these conditions that we will pay to the Territory of Arizona the sum of five hundred dollars.

Signed, Dionicio Baca
               Gustav Becker
               Senon Castillo
Witnessed and approved by me this 16th day of January, 1886.
John T. Hogue, Justice of the Peace of said Precinct.

TERRITORY OF ARIZONA VS DIONICIO BACA
TERRITORY OF ARIZONA
COUNTY OF APACHE                                     SS

Whose names are subscribed as the sureties to the above undertaking, being severally duly sworn, each for himself, says that he is a resident and a freeholder within the County of Apache and Territory of Arizona, and that he is worth the amount specified in the said undertaking as the penalty thereof, over and above all his debts and liabilities, exclusive of property exempt from execution.

Signed, Gustav Becker
               Senon Castillo

Subscribed and sworn to before,
this 16th day of January, 1886.
Signed, John T. Hogue
Justice of the Peace of said Precinct


IN THE JUSTICE COURT SPRINGERVILLE PRECINCT
COUNTY OF APACHE
TERRITORY OF ARIZONA

TERRITORY OF ARIZONA
VS
DIONICIO BACA

An order having been made on the 18th day of January, 1886, by John T. Hogue, a Justice of the Peace, of Springerville Precinct, County of Apache, Territory of Arizona, that Dionicio Baca, be held to appear upon a charge of maliciously and without probable cause of having procured the issuance and execution of a search warrant upon which he has been duly admitted to bail in the sum of twenty five hundred ($2500) dollars.

We, B. Lopez, E.C.Bunch, Senon Castillo, Eulalio Baca, residents of Apache County, Territory of Arizona, hereby undertake that the above named Dionicio Baca shall appear and answer the charge above mentioned in the District Court, and if convicted shall appear for judgement and render himself in execution thereof, or if he fail to perform either of these conditions that we will pay to the Territory of Arizona, the sum of twenty five hundred $2500) dollars.  The said B. Lopez becoming liable in the sum of twenty five hundred dollars.  The said E.C.Bunch becoming liable in the sum of one thousand dollars.  The said Senon Castillo becoming liable in the sum of five hundred dollars.  The said Eulalio Baca becoming liable in the sum of one thousand dollars.

Signed, Benigno Lopez (Seal)
E.C.Bunch (Seal)
Senon Castillo (Seal)
Eulalio Baca (Seal)

TERRITORY OF ARIZONA
COUNTY OF APACHE

B. Lopez, E.C.Bunch, Senon Castillo and Eulalio Baca, the sureties on the foregoing bond, being duly sworn each for himself and not one for the other, says that he is a resident of and householder within the Territory of Arizona, that he is worth the amount specified in the foregoing recognizance, for which he has become liable as surety exclusive of property exempt from execution.

Signed, Benigno Lopez
     E.C.Bunch
             Senon Castillo
          Eulalio Baca
Subscribed and sworn to before me
this 18th day of January, 1886.
John T. Hogue, Justice of the Peace
of said Precinct

From Jack Becker's Collection