Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1890-02-15

trmpt has been rDatc by n man named
t'lorio to use the authorities Of Colorado
ior the purpose Of Annoying one OF our
q iZcus With HON he had sogIr private
business difference. The following letter
just sent 10y iuv. Prince to Gov, Cooper
covers the whole ground, and will be
found OF much interest to uur citizens in
general;
TERRITORY OF NEW Mexico,
Executive ONE,
Santa lie, n. NJ, Feb. 10, 1901
Hon. JOB A. Cooper, Governor OF o!)rsdo,
Sir: | beg to acknowledge the receipt
Of your letter of February ~, inclosjns a
communication from tie attorney gen
erJl oil Colorado addressed to yourself,
date February S, i'll reference to the aX-
tradition OF Percy II. Leese.
In my letter OF February 5, 1890, after
briefly stating that on that day | had re-
ceiVed your requisltion for the arrest and
delivery of said Leese, with the accom-
panylng papers, that the foundation Tor
Jlat requsltlon, SO lar as the papers
showed, was complaint made by one
Olorlo before Il Justice of the peace on
September Is, 1889, charging sad Leese
" it'll the larceny of a helier valued at $50,
on November /, 1881. added: IAN
examination OF the Jaws OF Colorado to as
late Il date as they are available here,
seems to STOW that the limitation Tor
prosecution of this class OF otiepse is three
years, and hence that said Leese is not
amenahle to the laws OF Colorado even ii
he We're guilty as charged and therefore
If course is not extradltabe on said
charge. Ii the laws of Colorado have
been altered in this respect, or If We are
mistaken i'll their construction, | should
be glad to he Informed, as | am anxious
TO respond to the requi>tlon of your ex-
ceIeucy in all lawful cases"
lhe letter Of the attorney general of
Colorado Just re ;eived shows that no
change hal been made in the statute, as
lie quotes the following provisions OF sec
tIon 907 of the Colorado statutes as beng
the existing law: "No person or persons
shall he prosecuted, tried or punished for
Ottrnse denOmInated by the common law
felony murder, n son and forgery except
ed, unless the Indictment for the same
shall he found toy grand jury within three
wears next after the OiienSe shall have
been done or committed; provided, that
nothing herein contained shall extend to
any person fleeing from Justice" The
attorney general very properly adds ::
"Clearly, therefore, said Leese can not he
convicted Of the crime charged, unless he
can be brought within the proviso Of sail
section"
| have re~examined the papers brought
to me in this case, and found not the
slightest suggestion that said Leese is or
al any time he etofOre has been person
fleeing from justice" | submit to your
i,xcelency that without some allegation
OF that kind, sustained by at least an atti-
dayt, it would he impossible to consider
the accused as amenable to the laws Of
Colorado and legally extradtabie from
New Mexico, And it will scarcely be
questioned that the fleeing from Justice"
must have been within the three years
next after the date Of the alleged ofiense.
it may be that some evidence bearing
on this subject can he produced which
souId render it possible to comply with
your request. If 50 | will gladly receive
and act upon it.
To one other point I beg to call your
attention, and that is that while the
| Colorado statute requires that an ''in-
dictment should be found within three
years next after the oliense,' in this case
so far as the papers transmitted to me
| from your Office indicate, no Indictment
has ever vet been found; the only docu-
ment charging an otfense being the COM
plant made nearly nine years after its
alleged commission by single person be-
lore Il Justice Of the peace.
If for moment | may leave the con-
sderation of law to speak of what appear
to be the facts, it is stated to Inc by ex-
cellpnt authority that Mr.. Leese re-
manned at his old residence in Colorado
for at least four yeats alter the time of
the ALLEGED larceny, then came to New
Mexico in search of better pasture, fire.
quantly returning to Colorado for bust
ness or family visits, and in 1888 bought
land in Espanula, where lie has since
built a house, planted an orchard, and
settled down in permanent home. He
is considered one of the best citizens OF
that vicinity. Nothing apparently could
be more inconsistent with the idea of
"hpeing from justice" than his whole
course OF life since 1881. The officer who
.as commissioned by you to conduct him
to Colorado corroborated this view; and
am just in receipt Of letter from Hon.
Ira }. Bloomfield, the county attorney
Of Rio Grande county, signed by him Of
Totally, in Wlrch he writes as follows:
II lave been much pleased with your
action in regard to the extradition of p.
II. Leese and think it just to apprise you
of the situation at this end of the line.
The Epglishman Ozor'O who procured
this indictment freely admits that Leese
is not a fugitive from justice, but went to
New Mexico with cattle in his employ.
lie procured the finding of the iildict-
ment and l,en made application to the
county to advance money to send for
Lee.e. This | advised against doing, on
the ground that if any oifense was ever
committed it was long since barred by the
statute OF limitations. talked with the
commissioners OF Rio Grande county
yesterday abont the matter. They do not
want l.eese brought back. They fully
realize that it is only expense, and that
he claim OF the district attorney that the
discovery Of the ofiense in August last
prevents the bar of the statue will not
stand, and therefore do not want any I'M
necessary expense to the county"
In view OF all the foregoing think you
will agree that it would I've clearly an lille
gal act were without further foundation
to authorize the arrest OF Mr. Leese for
purposes of extradition.
With much respect, and an earnest de-
sire to respond to acquisitions from the
executive of Colorado Whenever 1t Can be
done without a disregard of law, am
yours respectfully,
L. BRADFORD PRINCE,
Governor of New Mexico.