Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-09-05
TO A DUNGEON CELL,
The Final Chapter in the Contempt
Cases Extracts from the
Opinions.
The Court Deals Leniently with the
Accused and Makes Some Modi-
fcations in Its Orders.

The decision in the contempt cases de-
cided by the supreme court yesterday
afternoon was the chief topic of CONVEX
sation in Santa Fe last evening, and the
same interest in all that pertains to the
matter has been observed to-day.
The afternoon session of the court yes
.erday occurred too late for mention in
these columns. At that time few remarks
were addressed to the court by Gen. Bart
lett on behalf of the county commissioners
IN which he urged the injurious effect of
the order made by the court upon their
private business. He concluded with the
request that the sentence might be
changed to fine, 30 that it might be
paid and the defendants thus allowed to
resume their business duties. Mr.. Catron
followed in behalf of Mr.. Spiess and the
county commissioners, with request that
each of them be allowed to attend to their
public official duties. Mr.. Spiess being a
member of the local school board. He
further requested the court for informa-
ton as to the effect of the order upon the
appearance of Mr.. Spiess in courts other
than the supreme court.
Judge Smith, in announcing the deci-
sion of the court, said that they could not
modify the sentences already made ex-
cept to the extent of allowing the de-
PENDANTS to perform their duties to
the public. at was not the intention of
the court In passing the ORDER" he added,
"to incommode the public in any way;
nor was it their intention to prevent the
practice by Mr.. Spiess in courts other
than the supreme court" Judge Smith
then added that the court would hand
down decision modifying the original
order in these particulars.
THE ORIGINAL ORDER
was as follows:
"The SAID cause coming on to be heard
upon rule and answers therein and the
court being fully advised doth order and
adjudge that the said H. s. Clancy, clerk;
G. A. Spiess, attorney, both officers of
this court, and said A. l.. Kendall and C.
W. Dudrow be committed to the county
Jail, of the county of Santa Fe, in said
territory, the said Clancy for the term of
thirty days; the said Spiess for thirty
DAYS; the said Kendall for twenty days,
and the said Dudrow for twenty days, and
that lnittimus issue out of this court
under it's seal commanding the sheriff
and ex-otficio jailer to arrest and take
into custody said persons.
I. is further ordered that said Victor
Ortega be and he is hereby found not
guilty of contempt and the proceedings
against him dismissed. 1t is further or
dered that said H. 5. Clancy is hereby re-
moved from Office as clerk of this court
and said G. A. spiess suspended from
practice before this court for the space
of one year." THOMAS SMITH,
Chief Justice.
THE SUPPLEMENTAL ORDER
is as follows:
1T ia hereby ordered that the order of
commitment of all the said respondents,
save and except said Victor Ortega, be
and the same is hereby modified to the
extent of directing the sheriff of the coun-
ty of Santa Fe and ex-officio jailor to
permit and allow the said Spiess to at
tend as school director all regular meet
ngs of the school board of which he is a
member, and it is hereby stated that the
said order so far as it applies to suspen-
sion of said Spiess from practicing in
this court shall not be construed as ap-
plying to his practicing as an attorney in
the district courts, probate and other
courts of this territory other than this
court. 1t is further ordered that the
said sheriff shall permit the said Kendall
and Dudrow to attend regular and special
meetings of the board of commissioners
of the county of Santa Fe, the said Spiess
and the said Kendall and Dudrow to be
allowed to go from the Jail to such meet
ing of said board in charge of the jailor
or his deputy, and to be reconveyed to said
Jail upon the conclusion of business or
the adjournment of said board"
After this last order had been passed
Mr.. Page B. Otero, the new clerk, was
sworn in. His official bond was placed
at $4,000 and was given this morning.