Santa Fe daily New Mexican., 1890-08-26
IN THE DISTRICT COURT.
Important Indictments Returned To-day
The Case of c. II. Gildersleeye vs..
the Atkinson Estate.


Atkinson, which has occupied the atten
ton OF the district court for several days
terminating yesterday with verdict
against plaintiff.
Mr.. Gildersleeve was the principal wit
ness on his own behalf, and testified in
substance that in 1882 he owned an un.
divided one-sixth of the Anton Chico
grant that he sold that interest to Atkin-
son for about $12, 900 to be paid down in
cash, and $4,000 more to be paid when
he, Atkinson, might resell the interest
that the cash payment was made, but
the additional $4,000 has never been
paid, although the administrative has
sold all the interest in the grant. He
stated that the $4,000 were to pay for
services rendered by himself and Curtis,
Earle x Burdett, firm in Washington,
as attorneys, in connection with the sur
vey OF the grant and the obtaining of
patent therefor.
Atkinson died in October, 1886, more
than three years after Gildersleeves deed
was delivered to him. At about the same
time, he transferred the property to the
New Mexico Land & Live Stock Co., of
which he was president.
The statute forblds the recovery OF a
Judgment by plaintiff in such a case as
this, upon his own evidence, unless he is
corroborated "by other material evil
dence." To meet this requirement, Mr.
Glldersleeve produced letter from Atkin-
son, which is as follows:
"SANTA FE, N. NJ, May 5, 1S83.-C. H.
Gildersleeve, esq.-Dear Sir In the event
OF sale OF the Anton-Chico grant by me,
as there is now a sale pending, | will,
from that or any other sale, allow to the
extent of my power all reasonable attor-
ney's fees in connection with the procure
ment OF the patent. Respectfully, H. NJ.
ATKINSON"
He testified that Atkinson did not put
the amount in the letter, although they
had agreed on it, because he was afraid
of having some difficulty with his associ-
ates in the company. AS further cor
roboration, evidence was given by Mr..
Lehman Spiegelberg, to the effect that
Atkinson told him that Gildersleeve was
to have some interest in the proceeds of a
sale of the grant; and Judge Waldo testi-
fed that Gildersleeve once told him he
was to get something from the sale of the
grant; and that he asked Atkinson about
it, but Atkinson said with laugh that
there would be mighty little for Mr.. Gil
dersleeve.
Judge Whiteman held that there was
no such corroboration as the law
requires; that the letter rather
tended to contradict Mr.. Gildersleeve's
statement of personal liability on the
part of Atkinson, and that the evidence
of Spiegelberg and Waldo did not support
that claim, but were reconcilable with
entirely different state of facts. He said
the material fact in dispute was as to a
personal liability of deceased, and the
corroborative evidence, to be sufficient,
must be such as would tend to prove that
liability the same as the evidence of plain
tiff himself. AS the corroboration offered
did not have such tendency the court
Instructed the jury to retHrn verdict in
favor of the defendant.
The case of August Kirchner VS.. S. N.
Laughlin, a long pending suit in which
the former asks for $500 and interest
growing out of deal wherein one Wiley,
agent for Laughlin, took sheep to Craze
on the Eaton grant on shares, is occupy
ing the attention of the court to-day.
On the territorial civil docket the case
of Paul Wunschmann VS.. G. M. Creamer
ct al, was continued.
7. B. Catron vs.. S. N. Laughlin, time
for defendant to answer extended to Oc-
tober 10, 1890.
Josefa S. de Manderfeld VS.. N. B. Field, |
administrator, time for taking proofs ex-
tended sixty days.
U. s. Freehold Land & Immigration |
Co. vs.. Pedro Sanchez, time for taking
proofs extended ninety days.
l.. Felsenthal vs. w. S. Fletcher, re-
plevin, motion to strike from the files
the re-amended affidavit for replevin de-
MED.
W. B. Sloan and E. B. Fischer vs..
Edward Meagher, judgment for $3,478.-
40.
On the U. S. side of the court the case
Of the U. 5. VS.. Fernandez Olguin ct al,
'hancery suit to vacate patent to the
a, section 4, township IL,
'ange "A east, the court decided in favor
)f the government, and defendant was
ordered to return homestead patent for
me same to the United States, and to
oay the costs of suit. A similar order
Vas made in the case of Ramon Lucero
1t al, respecting the south half of the
half and the south half of the
northwest quarter of section 81, township
3, north, range rs east.
Indictments were returned against four
PARTIES for violation OF the United States
avs and large number of indictments
we're also returned on the territorial side
VI the court, evidently important, for the
ourt took charge of them in person, but
Up to noon they were not accessible for
publication.
Commissioners to select grand and petit
urors for the next term of court were this
morning appointed by Judge Whiteman
IS follows:
K. II. Longwill, Frank Hughes and
ose Miguel Vigil.