Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1893-08-24
SUPREME COURT.
A lrio Of Opinions this Morning
Rights of Deputy Sheritfs to
Carr, FIREARMS - A
Noted Mine Case.

In the territorial supreme court to-day
Chief Justice O'Brien handed down the
courts opinion in the famous Sunday law
cases, from Socorro county, affirming the
Judgment of the lower court in the case
against Walter Cook, a Magdalena saloon
keeper. Cook was fined SIS and costs
along with forty-six other saloon men in
that county, for selling liquor OF Sunday
His attorney entered plea of guilty in
his behalf, but Cook repudiated this plea
and brought the case to the supreme
court on the theory that pleas of guilty
could not, IN cases of misdemeanor, be
| entered by attorney. The supreme court
has already passed on the validity of the
Sunday law, in the case of q Cortesy, OF
Socorro. one of these same test cases
and this decision to-day holds that none
of defendants "lnalienable rights" were
cut off by his attorney, duly retained and
employed, entering plea of guilty.
DEPUTY sHERIFrs AND DEADLY WEAPONS
Chief Justice OBrien also presented the
opinion of the court in another case oil
widespread interest, the title of which is
the territory VS.. William II. Guyse, APP
pealed from Lincoln county. Guyse was
a constable and deputy sheriff, and he
was arrested ard convicted for carrying
concealed weapons, and fined $50 and
costs. He appealed the case, and the
supreme court now aflirms the judg-
ment of the lower court, saying: "Under
the law no sheriff, constable or other
peace Office has any more right to carry
weapons than private citizen, except
when the same is Gone in the proper or
necessary discharge of the officers duties
1t is to be regretted that sheriFs, con-
stables and similar officers throughout
the territory, appear to believe that they
are in all cases and under all circum-
stances exempt from the operation of the
law prohibiting tho carrying of deadly
weapons. 1t is grave mistake, and is
too often attended with dangerous con
sequences"
BRUTAL DEPUTY SHERIFF
The chief justice also wrote the opinion
of the court affirming the Judgment OF
tllG ul5pllCU COulU Ill oIduU COuuUJ
Petronilo Chacon, deputy sheriff for the
Mimbres district, guilty Of assault and
battery upon Geronimo Perlillo. The
case came up on, among other grounds,
the charge that the prosecuting attorney
had used harsh and offensive Language
prejudicial to defendants rights in al
dressing the trial jury The court ana.
lyzes defendants character and concludes
that he got of very lightly under tho cir,
cumstances.
THE ILLINOIS MINE APEX SUIT.
A unique and ingenious representation
Of the surface contour and interior work.
ings of the Illinois silver mine is in use
before the court to-day. 1t is an exhibit
and part of the record of the apex suit
known as Daniel Raft ct al. VS.. the Illinois
Silver Mining Company which was before
the court this forenoon on error of the
court below. This model was constructed
by VIM. Harris, M. E. who for the past ten
years has been engineer and assistant
superintendent of the Illinois mine neal
Kingston, Sierra county, but who is now 4
resident of Albuquerque. By an ingenious
mechanical continuance the top forma-
ton, or hanging wall of slate, is raised
from the lime foot-wall, showing the vein
workings on the contact. A plaster com
position was used in preparing the model
During the argument of the case this
model, as also two smaller ones offered BY
Raft, cut no small figure in the points
made by the attorneys, and to better note
the argument the members of the court
left their places on the rostrum and came
down to occupy seats about the model
The case will be submitted this afternoon