Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1890-03-17
TARDY JUSTICE DONE.
The End OF a Long Series of Dampable
Prosecutions. Reached The So
Called san Marcial Land
Cases Dismissed.

For nearly five years number OF land
cases against prominent citizens OF San
Marciat have been pending i'll the U. ).
court at Las Cruces. On Tuesday alter
noon these cases were all taken up and
on motion of special assistant Z. 5, at
torney Col. A. j. Fountain a nole pros,
was entered in each case. And thus has
ended a series of the most damnable per
seculions which have ever dlsgraced ju-
dicial proceedings in this or any other
country.
These cases were brought early during
the late reform administration--the FateS
forefend that We aver see another such.
A gang of armed y S. deputy marshals
arrived in this city and dragged from
their homes highly respected citizens !;
hurried them to the "lity OF the Cross
es, subjected them to the indignlty Of
incarceration, making the matter OF rail
as difficult as possible. And from that
time until the present the whole power
OF the general government has been EN-
ploved to secure their conviction Tor
crimes of which they were never guilty.
With an imported judge on the bench, an
imported T. 5. attorney to prosecute and
With some Of the most dsreputable char
act-rs that ever infested any country
men whose characters We're repeatedly
| impeached-as witnesses, 1t was sought
! to blast the reputation and forever rum
the lives and fortunes OF these men.
Every inducement was offered to the
weak and timid to plead guilty with the
J promise of immunity or pardon, and per
/ lure themselves in the interest OF the
prosecution. And why did the prosecu-
ton resort to such practices? The rea
sons were as infamous IS the practices
were damnahle. 1t was to pile up fees
to make political capital for the late re
| form ~ Democratic administration and
to shield and distract the attention OF the
administration at Washington from Grim
iuals OF wealth and high position.
The history OF these prosecutions, ho"
these men have been compelled to attent
the semi.annual terms of court with thel
witnesses and attorneys during thest
wears, are matters of public nOtOrlety. The
prosecution in protractlng these cases has
shown a vindicltive determination II they
could not convict, which was apparent
from the outset, to ruin them With eX
penses. What the result might have
been had not the people at the first op
portunity relocated the sham reform
administration to private life, no one car
tell.
In our remarks upon the character o
the witnesses the Reporter does not IN
tend to include the witnesses summoned
bv the government, for there werea mum
Der of our respected citizens periodically
dragged to court But it was not upOI
their testimony that the prosecution base,
their hopes of conviction and the only
object the Reporter can see in their beinl
summoned was to give an air OF respect
ability to such men as Garvin, Davis ant
Richard O'Connell, otherwise known as
Dick Dead Eye" who were the mar
dependence of the prosecution. Juries
we're too discriminating however and the
trick did not work.
These cases were dismissed at the re
| quest of Assistant U. s. Atty. A. j. Foun
tain. Col. Fountain is recognized as ont
of the ablest lawyers in the territory ant
was Col. Smiths assistant he has lonl
recognized that the government co'ld 10
make out a casnean1 believed that dis
missal WAS not only for the best interests
! of tie government but matter of simple
| Justice to the defendants, who were beln,
put to great needless expense and annoy
ance as long as the cases remained on TIN
docket, and at the first opportunity, whei
allowed to use his own judgment in tn
matter he moved that they be dismissed
Judge J. R. McFie, who has been NOR
or less familiar with the cases from at
tendance upon court during their pend
ancy, conceded with his views and ISSUED
the necessary order. In throwing GU
these cases the Judge and the representa-
tive of the government have done all tina
was in their power to right foul wronI
and have restored confidence in the in
tegrity of judicial proceedings in the 3rC
district, winch was at very low ebt
prior to the change i'll the administration
The Reporters representative ATTENDED
the opening of this term of the court a
Las Cruces and noted with pleasure thu
improved tone which the new admins
tration has given to everything about tht
halls of Justice. The present judge doe!
not frequent the saloons toying with piano
Urls, the y. S attorney does not pro
menade the streets arm in arm witt
|
penitentiary. Responsibility and charac
ter are once more on top. Blackmallins
scounirels and professional witnesses
no longer have the ear OF the court no
cootrol grand juries to enable them t.
levy toll or ruin and blast the reputation
of respectable citizens. The foul harple
that we're 80 freely allowed to vomit thei
excrement upon the heads of decent ant
reputable cit zens have cea ed to polute tn
court and make Judicial proceedings
stencil in the nostrils of the community
The scales of justice are once more hell
with an even balance and life, characte
and property once more enjoy feeling @
security which they have not enloye'
for several years past. Even our Demo
, cratic friends appreciate and acknowledg
these facts and recognize the manifol.
blessings which change in the ad
mlnistraton has brought to New Mexico
especal in the Sd judicial district