Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-10-17
TERRITORIAL SUPREME COURT
Important Question Respecting the
Catron and Spiess Cases
Passed Upon.
CERTAIN new EVIDENCE ADMISSIBLE.
Chief Justice Smith Will Probably Be
Able to Preside Tomorrow
Sensational Disclosures Ex-
pected-Retraction OF
Hughes and Nc ..
Creight

day afternoon, aftef nearing e1nhustlVo
arguments by Messrs. Childers and Jones,
of the prosecuting committee, and by
Messrs. Springer, Field and Fall, in be-
half of Messrs. Catron and Spiess, the
court took the question of admitting tes-
timony that has developed since the orig
inal charges were filed under advisement
until this morning at o'clock.
After being briefly questioned by Mr..
Childers as to his residence and official
position, and as to the whereabouts of
Capt G. N. Sterry, general solicitor of the
Atlantic L. Pacific railroad, Mr.. Karl A.
Snyder, assistant attorney of the Atlantic
g. Pacific, was ordered to produce in
court on Friday morning all letters from
Thomas B. Catron, addressed to him or
to Capt. Sterry, as such railroad attor-
neys, requesting the issuance of passes to
Max Knodt.
Felix H. Lester, of Albuquerque, was
admitted to practice before the court.
NEW EVIDENCE ADMISSIBLE.
At the incoming of court this morning
at 8 o'clock, all members being present
except Chief Justice Smith, Associate
Justice Collier verbally delivered the de-
cision of the court touching the question
taken under advisement last evening as
follows:
The court decides, as to the question
that was under adyisement yesterday
when we adjourned, that all evidence
which tends to show efforts to suppress or
unduly influence testimony directly sup
porting the charges filed in this case is
admissible as corroborating evidence, the
necessary foundation for its introduction
being that there is direct testimony and
that respondents are shown to be respon.
sible for such efforts, it not being required
that they should at the threshold of the
introduction of such corroborating testi-
mony show responsibility on the part OF
the respondents, for the reason that one
can not put all his case in by one witness
or until the proper period arises when re-
sponsibillty should be shown, the attempt
being shown. I think that covers all the
issues. Particular questions, which may
be objected to on that line will be ruled
| On as tut OUJeculoA aAio0o'
CHIEF JUSTICE SMITH BETTER.
Justice Collier also announced tina
Chief Justice Smith would probably b
able to resume his seat on the bench il
the morning, and directed the officla
stenographer to extend his notes of tn
testimony taken yesterday and subml
the same to the court in the morning.
A recess was then taken until to-mo
row morning at $3.50 o'clock.
RETRAcTloN OF THOMAS HUGHES.
The following appeared under tn
heading, "a Retracton," in the Albu
querc ue Citizen yesterday afternoon:
An article appeared in the Daily Clti
zen of the 9th day of this month, reflect
ing on Chief Justice Smith, of the terri
torlal supreme court. Investig gatio
shows that the article was false in man
particulars. The article appeared as
editorial, though it was not written b
tho editor of this paper. We are now cor
vinced that the Objectionable languag
referred to in the article was fairly an
reasonably open to the construction pt
upon it by the supreme court, though n
such construction was intended,
thought of, by the editor of this pap'
when the same was published. We full
realize the importance OF having TT
courts of Justice unimpededb by newspap'
articles, or criticism, rejecting upon tt
character of the court or any memb'
thereof. We wish to reiterate our regr
that said publication should have a
!. peared, and we desire to give this publ
, assurance that hereafter no such artic
. shall appear in these columns. 1t a
j. peared, ard was published, through gro
n carelessness and without any mallcio
j. intent on the part of the editor of th
Q paper, and we desire in this public ma
d ner ner to make apology to Chief Justi
o Smith and the members of the territorl
ia supreme court of New Mexico.
d THos. HUGHES,
Editor Daily Citizen,
In the same connection w. Z. M
Creipht, business manager and city {
itor, of the Citizen, also printed
10 card expressly disclaiming any kno
l. ledge or responsibility for the public
N tion of the article entitled "Is
d Honesty or Partisanship'" that, If
Ie had seen the article before its puOli'
', tion, he would surely have conferred W
ID his partner regarding same, and addi
.. that he was now convinced that many
1t the charges contained therein were fa
raSE m a RK E-rS