Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-10-16
TERRITORIAL SUPREME COURT
Grave Charges Against Thomas B..
Catron and Charles A. Spiess
Taken Up.
FULL TEXT OF CHARGES AND ANSWERS
Testimony of Porflia de Strong Re-
garding Efforts TO Induce Her to
Commit Perjury-Important Dis
closures Since Filing of
Charges Offered in
Evidence.

The territorial supreme court met at
at 9:45 this morning with Associate JUS
tice Collier presiding on account of the
sickness of Chief Justice Smith, and AS
sociate Justices Hamilton, Laughln and
Bantz present.
Mr.. Rodey said that he did not join in
the prosecution of Hughes and Nc
Creight for contempt and hence did not
wish his name to appear in the minutes
in connection with the case.
An opinion in the case of Francis X.
Eberle, plaintiff in error, vs.. William
Carmichael ct al, defendants in error, was
handed down by Justice Collier, revers-
ing the judgment of the lower court and
remanding the case for new trial. Chief
Justice Smith concurred and Justice
Laughlin dissented.
Mr. Catron called attention to the fact
that Judgment had not been entered up
in the extra legislative employees cases
and thought this ought to be done.
The court announced that the hearing
of the cases growing out of the informa-
ton filed against Messrs. Catron and
Spiess was set for this morning.
Mr.. Jones said that the prosecuting
committee had been considering the ad
visibility of proceeding with tho hearing
during the temporary indisposltion of
Chief Justice Smith.
The court said that this had been con-
sidered and that it had been decided to
proceed with the hearing this morning.
1t was ordered that the charges against
the two defendants should be heard to-
gether.
The charges against Thomas B. Catron
and CHARLES A.Spiess were thereupon
read by Mr.. Rody as follows:
CHARGES PREFERRED AGAINST T. b. CATRoN.
In the matter of the information con-
corning Thomas B. Catron and Charles A.
Spiess.
In the supreme court of the territory OF
New Mexico.
The undersigned, members of the COM
mittee appointed by this honorable court
to prepare charges and specifications
based upon the information filed in said
court by Jacob Fl. Crist, esq, district at
torney for the district composed of Santa
Fe, Rio Arriba and San Juan counties, in
the territory of New Mexico, which said
information was filed in said court on the
Goth day of August, A. d. 1896, and dock.
eted therein as case number 637, in &C.
cordance with the order of said court APP
pointing saio committee and the instruc.
tions given to it by said court, do hereby
charge that the said Thomas B. Catrou, a
= H. LOO IS
guilty of unprofessional conduct in vic.
lation of his duty as an attorney and Of
ficer of the court in connection with and
in the conduct of the trial as one of the
attorneys for the defendants in that GER
tain cause lately pending in the district
court of the 1st judicial district of the
territory of New Mexico, for the county
of Santa Fe, numbered upon the criminal
docket of the said district court as case
number 1854, and entitled "Territory of
New Mexico vs.. Francisco Gonzales y
Borrego, ct ALL" such cause having been
tried at the special March term, A. D.
1895, of the said district court, and for
specifications of the acts of misconduct
hereby as charged said committee hereby
specifies the following acts, to-wit:
First.-The said Thomas B. Catron was
guilty of unprofessional conduct in this
that one Ike NOVEL; had been and was
, cry material witness for the territory at
the preliminary examination of the de-
PENDANTS in said cause, before Judge
Seeds, in the month of January, 1894,
who was at that time Judge of said dis
trict court, and after the said time and
before said trial the said Ike Novel; had
been convicted of the violation of the
laws of the United States and was con-
fined in the territorial penitentiary of
Santa Fe, of said territory, and while SO
confined the said Catron, believing that
the said NOVEL; would be introduced and
examined as a witness in behalf of the
territory at said trial, and while the same
was in progress went out to the peniten-
tiary and procured an interview with the
said Novel;, and in said interview en-
deavored to persuade said NOVEL; to give
entirely different testimony when he
should BIZ introduced as a witness from
that which he had given on said prelim-
mary examination, as suggested to said
witness, Novel;, that he, the said witness,
might avoid testifylng to the facts which
he had testified to on said preliminary
by declining to answer upon
The ground that the answer might Grim
mate him, knowing that the witness then
and there claimed that the testimony
given by him on the said preliminary ex-
animation was true.
Second.-The said Thos. B. Catron was
guilty of unprofessional conduct in this:
That one Porfilia Martinez de Strong
va introduced and examined on the said
examination of the said de-
'endants before his honor, Judge Seeds,
ind then and there testified to material
acts on behalf of the said defendants,
ind was afterwards introduced upon the
rial of the said cause, and examined in
,hief on the trial of said defendants at
laid special term of the said district
,ourt and testified in like manner to ma
erial facts in behalf of said defendants,
Ind afterwards upon the cross examina-
ion on said trial stated that as to said
material facts she had testified falsely on
Ter direct examination and on said pre-
iminary examination, and that she had
10 testified falsely because she was afraid,
meaning thereby that she had been in
luced to give said testimony by such
.onduct toward her by defendants at
orneys aud agents as rendered her afraid