New Mexico History Question: Who Was Nestor Garcia?

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# HANNAH. ?

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In 1868, Nestor Garcia was charged with stealing a mule in Bernalillo County, New Mexico. He was tried and convicted and was sentenced to receive thirty lashes on his bare back, well laid on. He took an appeal to the Supreme Court of the Territory of New Mexico, contending that whipping was a cruel and unusual punishment. The Supreme Court disagreed, affirming his conviction and sentence, and ordering the Sheriff of Bernalillo County to administer the whipping on January 29, 1869. See Garcia v. Territory, 1 N.M. 415 (1869).I think he got off light, as horse thieves and villains of like character were usually hanged. Does anyone have any information on Nestor Garcia? How old was he at the time? Who financed his appeal to the Supreme Court of New Mexico? Was he the spoiled son of some rich aristocrat? Was he actually whipped? What sort of life did he lead afterward?
 
Unfortunately, I do not have an answer for you. Have you considered writing to a historical society or similar organization in New Mexico? They may have some information, or be able to direct your research, on the question you ask.I agree: considering the time and the place, he got off really light for what he did, even at 30 lashes. Under the statute, he could have gotten 60, and in many cases, it was common to give offenders the biblically-inspired "forty save one" or 39 lashes.If I were the sheriff, after applying the 30 lashes to his back, I would let him hang there for a few minutes so he could absorb the effects. Then, I would tell him, up close and personal, "remember, the next time you steal a mule, the whipping is only going to be half over at this point."
 
I read the case you cited, and I see he had a court-appointed lawyer, so there was probably no money behind him. His lawyer was probably a mushy-headed liberal who thought that whipping was cruel. But, hey, that is why it was so effectual. I'll bet Nestor knew better than to steal a mule after that. We should bring it back, and do like they do in Singapore.
 
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