Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1894-09-04
SENTENCED.
Folsom Gets Five Years in the Peni
tentiary-ThOse Contempt
Cases.
Clerk Clancy and Lawyer Spiess tc
Serve Thirty Days in Jail-Two
Commissioners in Tim
pressive Court Scenes.

pressive Court Scenes.
Harry s. Clancy, thirty days imprison
ment and removal from Office; Charles A
Spiess, thirty days imprisonment ant
suspension from practice before the su
preme court for twelve months; A. L
Kendall and G. W. Dudrow, county com
missioners for Santa Fe county, impris
eminent for twenty days each; Victor Or
tega, acquitted-this was the decision
announced in the contempt cases thi
morning by the supreme court. This
with the decision affirming the Folsom
case, and several other cases of minor i'm
portance, constituted the work of the su
preme court when it assembled this after
noon at lis.
THE OCCASION IN DETAIL.
In the history of this territory more
dramatic scene has not been witnessed il
court than was to be seen this Afternoon
J when court assembled. The announce
ment was made yesterday that the cour
would decide to-day the contempt cases
and this fact caused the court room to bt
well filled with citizens of Santa Fe
county. Inside the bar there were assem-
bled the whole of the legal profession OF
this city and many from a distance who
are present in town. These were brought
together, not only out of curiosity, but
also because of the deep interest which
many of them felt in the warm personal
friends whom the contempt proceedings
had brought into danger of punishment
by the court. 1t was conceded by all that
the evidence submitted last week coupled
with Judge Laughlin's statement yester-
day
MADE UP STRONG CASE
against the gentlemen cited for contempt,
and, although they stood with great good
nature the jokes over the possible out
come directed at them by the friends
who looked on the humorous side of the
matter and often Joined in the witty re-
marks made at their expense, it could be
noted that they did not look forward to
the decision with entire unconcern. Then
in the background of the court room sat
s. M. Folsom, who, with his faithful coun-
sci, Messrs. N. B. Field and Frank w.
Clancy, returned to Santa Fe last night
to receive the judgment of the court. A
sentence of
Five YEARS IN THE pENITENTIARY
is no light matter to be resting over ones
| II
the occasion was undoubtedly evident to
Mr.. Folsom, as it. was to those around
him, his manner even when the decision
was announced, did not give any indica-
ton of the weight of the blow which the
word affirmed" from the court dealt to
all his hopes. Sadder still, doubtless, to
him was the thought of the pain which
the news when wired to Albuquerque
would give the devoted wife who was
with him in the supreme court during the
| three days argument of his case last week
THE COURT ENTERS.
The importance of the matters to be
decided doubtless detained the court
longer than they realized, for although
they had adjourned to reconvene at Il
O'Clock it was nearly 80 when they en-
tered from their consultation room anG
the bailiff in the presence of the standing
bar cried out that the supreme court was
in open session.
The irst decision rendered was deiv.
cred by Chief Justice Smith in which he
briefly announced that the decision of the
district court in the case of the United
States against s. M. Folsom had been
affirmed. The defendant was, it will be
remem bered, convicted at Albuq
of making false returns to the comptrol-
Ter of the currency in the matter of the
Albuquerque National bank, of which he
was president, and publishing false state
ments concerning the bank affairs with
the result of misleading depositors and
others. The effect of the decision is to
send him to the penitentiary for the term
of five years, and the marshal was direct
ed by the court to take the prisoner in
charge.
The next decision was in the case of E.
D. Billiard against Lorenzo Lopez, from
San Miguel county, and was delivered by
Judge Collier. The court reverses the
judgment of the court below and directs
Judgment in favor Of the plaintiffs in
error. Judge Fall then delivered an
opinion in the case of the territory of
New Mexico ex rel. hester p. Eaton
against Ernest L. Browne, the effect of
which was to direct "the treasurer of So
zorro county to pay out of the court
fund the amount of warrant drawn by
the county commissioners against said
fund In favor of relator as assessor"
IMPORTANT CRIMINAL CASES.
Judge Laughlin followed with two i'm
portant criminal cases, one of which was
affirmed and the other Reversed. The
first was that of the United States vs..
Manuel G. Gomez and the verdict was
sustained. Gomez was sentenced to two
months in the penitentiary for election
frauds in Taos county. His final convic-
ton is great victory for the prosecuting
attorney, Hon. j. B. H. Hemingway. The
case of the territory vs.. Vicente Armijo,
from Bernalillo county, was reversed and
direction given that the motion arresting
Judgment be sustained. Armijo was
convicted of stabbing. Then followed
the opinions in each branch of
THE CONTEMPT CASE
read by Chief Justice Smith, during the
reading of which pin could not have
fallen unheard in the court room. After
the decision of the court had been read
Judge Freeman made few re-
marks in which he said that
as this was matter involving
the integrity Of the court and the preser-
walton Of its dignity he did not feel JUS
titled in filing dissenting opinion al
/ though he could not join in the Judge
ment of the court. "In the case of the
clerk he said, II am not clear that
there was contempt. Contempt in my
opinion rests upon the animus, and the
nj atement of the clerk denies the intan