Southwest-sentinel., 1893-09-26

The case Of the County against ex-
Sheriff LoclShart was ended at Las
Cruces last week. The attorneys for the
board Of County commissioners took
iudment for the fun amount claimed
and a stay Of Executions was granted un-
I'll the 10th OF December. The attorneys
for the board have carried every point
claimed but one and that was techni-
ual point which really amounted to moth
ing, as it affected the final result in no
way whatever. Col LOclShart will have
to pay over something more than $4,000
which ne has been holding since he went
out Of Office, claiming that it was collect
ed on account Of an illegal levy and that
The treasurer OF the County had no right
to the money. He CLAIM for some time
after he went out Of Office that there was
a case pending in The supreme court Of
the Territory which would decide the
point at issue, but it was ascertained by
the members Of the board Of County
commissioners that there was no such
case pending in the supreme or any other
court Of the Territory and that such a
case never had been pending in any of
the courts Of the Territory. The board
decided to bring a suit in order to
compel Lockhsrt TO turn the money over
and even after she Isuit had been com
menced the Deming Headlight repeat
edly asserted that a suit wss pending
which would decided the question and
that Il was useless expediture Of
money TO commece suit agaiuet Lock
hart That paper persistently and mali
ciously fought the board all the way
through and very recently asserted that
taxpayers would have a heavy bill
Of costs to pay as result of the litigation.
The taxpayers of the County will be
pleased to know that the case has been
won by. the County and that the expense
to the County, since the case has been
won, is very small. The amount which
Lockhart will be obliged to turn over
will be refunded to the taxpayers Of the
County, by whom it was paid to the col
lector, in accordance with the provisions
Of law.
The board OF County commissioners
has been fighting the case sdd, at the
same time, fighting the limited influence
Of a newspaper which appeared TO be
more interested in having this large
sum of money retained indefinitely by
ex-Sheriff L,ockhart than in having Il
paid into the treasury and paid over to
the taxpayers to whom it belonged.
The district attorney, who is by statute
made the legal adviser Of the board of
County commissioners, was assisted in
the case by A. H. Harllee who deserves a
great deal Of credit for the able manner
in which he managed the case.
1t is to be hoped that Col. Lockhart
will have no trouble in Falsing the mon
ey by the 10Th of December, the date on
which execution will be issued il the
amount has not been paid by that time.
The Headlight Of last Saturday print
ed STORY which throws the reputation
of Tanner, the faster, completely in the
shade. 1t says that John Smith, pros
pectOr who has a cabin in the FLORIDA
mountains, was discovered one day last
week in a starving condition. The last
Of July he went to q ranch about ten
miles from his cabin and returned in the
rain, taking cold. He was seized with a
violent illness and became delirious.
There was scarcely any provision in his
cabin at the time he was taken
i'll and in very few days he
was entirely without food Fortu-
nately. for HIM the rains furnished him
plenty of water, elise he would haye died
of thirst. From the time he was taken
i'll no one visited his cabin until last
week when a friend became uneasy at
mis- prolonged absence from town and
went out to the mountains to look for
him. When he was found he had been
without food for six weeks. He was in
a terribly emaciated condition and una
BILE to leave his cabin when he was dis
covered. He was brought to Deming
and it is said that he is in fair way to
recover. He has resolved never TO 60
out prospecting alone again.
e. M. Hand, who was arrested last
week on charge of obtaining money
Under false pretense, had a hearing be-
fore Justice Givehs on Tuesday and
Wednesday. The examination was com;
menced Tuesday afternoon at 3 o'clock
and the taking Of testimony took all the
afternoon. The court room in the city
building was filed with spectators who
we're anxious to hear the evidence in the
case. Thomas f. Conway conducted the
case for the prosecution and Bell and
Wright we're the attorneys for the de-
fense. The argument Of the case was
commenced Wednesday morning by the
attorneys and continued until afternoon.
At the close Of the argument Justice
Givens concluded that the evidence
brought out in the case was not sufIi-
cient TO warrant the holding of the de-
fendant to 8wait the action Of the grand
Jury and he consequently discharged Mr..
Hand. Considerable interest was taken
in the case by residents Of this city, and
a hearty cheer was given in the court
room when the verdict was announced.
There was moonlight picnic at Sill
wears ranch last Saturday evening. A
party Of young people numbering four
teen left here at elk o'clock in a big
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