Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-10-10
IN THE SUPREME COURT.
Important Opinions Handed Down.
An Order Concerning Charles A.
Spiess-Cases Argued and
Submitted.

In the supreme court, yesterday after
noon, the case of A. M. GENTLE, a ppellee,
VS.. Charles w. Kennedy, ct al, appellants,
was argued and submitted. Msssrs. Cat
ron & Spiess appeared for the appellee
and Messrs. Childers and Rody represen-
ted the appellants.
The following opinions we're handed
down this forenoon:
In the United States of America vs..
Alberto viena, appellant, selling liquor
TO Indians, the judgment of the lower
court was affirmed and the appellant goes
to the penitentiary for one year. The
opinion was by Justice Laughlin, Chief
Justice Smith and Justice Bantz concur
ring.
In the Territory of New Mexico vs..
Brigida Sisneros de Gutman, the judg-
ment of the lower court was affirmed and
the appellant was sent to the penitentiary
for two years. The opinion was prepared
by Justice Bantz, Justices Laughlin and
Hamilton conourring.
| In Addison M. James ct al. vs.. Marcus
Brunswick ct al, appellants, the judy
ment of the lower court was affirmed as
modified. The opinion was prepared by
Justice Laughlin, all the other members
of the court concurring.
Chief Justice Smith read the following
order of the court:
Territory of New Mexico,
Appellee,
Vs.
Manuel Gregorio Vigil,
Appellant.
This cause having been heretofore ar.
gued and submitted to the court, on the
briefs fled by the appellant and appellee
herein, and it appearing from the record
and brief filed by appellant that Charles
A. Spiess was acting district attorney for
the county of Taos, and as such district at
torney drew, signed and had presented
and filed the indictment in said cause
And it also appearing from the record that
Charles A. Spices, after the presentation
of said indictment, and the trial ard con-
viction of the defendant Hereunder, was
retained by and has appeared for the de.
PENDANT as his attorney in this court in
said cause, and as such attorney acting
for and on behalf of said defendant was
erroneously by this court permitted to
appear, after having prepared and filed q
brief for and on behalf of the defendant and
and appellant herein, in which said brief &C
filed by said Spiess, among other grounds
for reversal, attacks the indictment, 90
prepared, signed ana filed by him while
acting as such special district attorney in
said cause; and the court being fully ad
vised therein, doth adjudge the conduct
of said Spiess as highly reprensible and
unbecoming his obligations as an attor.
ney and officer of this court. It is there
fore ordered by the court that the brief
so fled by the said Charles A. Spiess as
attorney for defendant and appellant
herein, be stricken from the files, and
that the name of Charles A. Spiess be
stricken from the docket as attorney foI
the defendant and appellant herein. II
is further ordered that the submission OF
said cause, as heretofore made, be set
aside, and that the appellant be given siz
days from this date in which to retain
counsel and prepare and file brief in his
behalf in this cause.
just before the court adjourned fo1
dinner, Mr.. Spiess filed petition setting
forth reasons why the above order should
be set aside.