Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1893-10-28
FAIR PLAY.
Some Investigation Of the Official
Record Relating to the Grant
ing of Pardons to
Criminals.

If all the penitentiary birds Governor
Thornton pardoned the last few months
have promised the governor their sup
port for senator of New Mexico when she
comes in state, the governor will be a
very formidable CANDIDATE lbuquerqu
Democrat.
Friends of Gov Thornton irrespective
of party affiliations have noted the fire.
quent appearance of paragraphs similar
to the above in the public prints of late
and they seemed so manifestly unfair and
at variance with the truth, that the New
MEXICAN, in the interest of common de-
cency and for the good name of the terri
tory, has been prompted to investigate
the facts.
TIE OFFICIAL RECORD.
Accordingly call was made upon the
territorial secretary this morning and Mr..
Miller kindly placed the official records
at the disposal of the reporter.
This inspection shows it to be fact
that there have been but four actual par
dons granted by the executive since Gov.
Thornton entered upon the duties of his
office nearly eight months ago.
Charles Bell and Atanacio Martinez
we're convicted April -, 1898, in Lincoln
county, for stealing bottle of whiskey.
Bell wac pardoned April 20, 1898, upon a
written statement of the sheriff of Lin
coin county and the jury that tried him,
certifying from information received
after the trial, that "Bell was wrongfully
convicted upon perjured testimony and
that he was innocent of the offense
charged in the Indictment" To this
certificate Judge Freeman, before whom
the case was tried, and George B. Barber,
the district attorney, who prosecuted, GER
tify: "We think the matters set up herein
are true, and think the petition ought to
receive favorable consideration" Upon
this petition Bell was pardoned upon
reaching Santa Fe, and on October 10,
the sentence of Atanacio Martinez was
committed from one year to seven months.
THE sEGURA CASE.
Emilio scgu convicted at the March
term of the district court of Mora, 1892,
for rape, was boy Is years of age. After
having served one years and one month
he was pardoned upon the petition OF
citizens and upon statement of the
Judge before whom he was tried, ex-
Chief Justice O'Brlen, that "the defendant
at the time of conviction for the offense
was hardly 16 years ofage. X The
boy should have been severely punished
by his father for SO gross an act of licen'
tious indulgence. Any other punish
ment appears to me unnecessary and un.
suitable. In my judgment, the ends OF
Justice were attained on the boys con-
viction, and his release from con-
fnement would be simple act Of execu,
tive clemency properly exercised. l am
cordially in favor of his immediate par
DOM
Adelaide Martinez, convicted for muir
der from Rio Arriba county, was par
doned upon a certificate from the super.
intendent of the penitentiary and the
penitentiary physician that Martinez
was suffering from consumption ane
could only live few months.
V. Eide, charged with rape at Albu
querque and sentenced to five years, was
given a suspension of sentence by the
governor for thirty days in order to pre-
pare the proper application for pardon
and he later made such strong showing
backed by many of the best citizens o
Albuu uerque familiar with the facts il
the case, that Sec. Miller, then acting a
governor in the absence of the chic
executive, felt justified in granting hi
pardon.
REPRIEvED GASES.
In addition to the above executive elem
ency has been granted Felipe Pachec
and Herbert Hahn, (the latter a boy
fined IS by the justice of the peace a
Santa Fe, their fines being RENTED b.
the governor, and U. s. prisoner, Can
delario Martinez, was given reprieve O
one month pending application to tn
president for pardon, which pardon wa
Immediately granted upon the examina
ton of the papers by President Cleye
land.
j. Edward Priest, convicted for an as
sault with deadly weapon and sentence
to fine of $500, had his sentence CON
muted from fine to forty-five days i'm
prisonment in tho Bernalillo county jai
WHOLESOME LAW.
Section 50, chapter 76, laws of 1885,
provides that eff any convict shall pas
the entire period of his sentence withou
any violation of the rules and regulation
of the penitentiary, he shall be entitle
to certificate thereof from the superb
tendent, endorsed by the board of pen
Tertiary commissioners, and, on presen
ing same to the governor, he shall b
granted pardon and restored to cltizel
ship"
Under this law the governor has fri
quent occasion to act, but such action
in no sense "pardon" as the word
generally used and accepted, it being
mandatory statute which calls upon tn
executive to perform certain offici'
duties whenever the penltentiary maj
ayers shall see fit, in the interest OF goo
government of the prison, to cert lily tn