Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-10-11
In The SUPREME COURT.
The Courts Attention Formally Called
to a LibelOus Article in the
Albuquerque Citizen.
ATTACHMENTS FOR HUGHES 4 M'CREIGHT
Returnable Tomorrow Morning at 0
O'clock-Petition of Attorney
Spiess Under Amusement
Cases Argued.

Cases Argued.
In the supreme court, the case of the
Territory of New Mexico vs.. Patrick Car
mody was argued and submitted yester-
day afternoon. Solicitor General Victory
represented the territory and Judge H.
L. Warren appeared for the appellant.
CONCERNING ALBUQUERQUE CITIZEN.
These documents were read to the court
this forenoon and ordered filed for future
action:
In the Supreme Court of the Territory
of New Mexico, at the July, 1895, term,
adjourned session.
The Territory of New Mexico,
Thomas Hughes and W. T. McCreight. }
To the Hon. Thomas Smith, Chief JUS
tice of the Supreme Court of the Terri
tory of New Mexico, and to the Hons.
Needham G. Collier, N. B. Laughlin, II. B.
Hamilton and Gideon D. Bantz, Asso-
ciate Justices of said court:
We, John P. Victory, William B. Gill
ders, Andrews A. Jones and Bernard s.
| Rodey, all of the members of the commit
tee hereinafter named now present in the
City of Santa Fe, respectfully represent to
the court, that together with Simon B.
| Newcomb, we were heretofore appointed
a committee by said court to prosecute
certain charges instituted in said court
against Thomas B. Catron and Charles A.
| Spiess, ana in general to conduct the in
vestigation of said charges before said
court and to endeavor to secure fair
and i'm partial trial of the truth of such
charges before said court and a proper
judgment of such court upon said charges;
that it has come to our knowledge that a
certain article entitled, SIS it Honesty or
Partisanships" was published in the
Daily Citizen, a daily newspaper pub
lished in the City of Albuquerque and
territory of New Mexico, having circu-
lation in the cities of Albuquerque and
Santa Fe and other portions of the terri
tory of New Mexico, on the 9th day of
| October, A. d., 1896, copy of which
article is attached to the affidavit of Will
lam B. Childers, which said affidavit is
filed herewith and made part hereof.
| We do further respectfully represent
unto the court, that in our Judgment the
publication of said article is calculated
to impede and embarrass said court in the
due administration of justice in the trial
of said charges, and that the tendency of
said article is to degrade and soandalize
the court and to overawe it's deliberations;
and, believing that it is our duty to take
all lawful means to have the above men
toned charges fairly and impartially IN
vestigated and a determination by the
said court upon them free from any en-
barrassment, We deem it our duty as such
committee to present the matter to the
court for its consideration and action.
We further represent to the court that
said Thomas Hughes and said W. 7. Nc
Creight are the editor and business man
ager, respectively, of said newspaper,
and We request the court to issue an
order requiring the said Thomas Hughes
and the said W. T. McCreight to appear
forthwith before said court, then and
there to show cause, if any they may have,
why they should not be punished as for
contempt of said court in the publishing
of said article.
Respectfully submitted,
JNo. p. Victory,
ANDREWS A. JONES,
w. B. CH1LDERs,
B. 8. RoDEY,
Of the Committee.
AFFIDAVIT OF MR.. oHILEDRs.
In the supreme court of the territory
of New Mexico, at the adjourned July,
1895, term.
Territory of New Mexico
Thomas Hughes and w. T. McCreight.
Territory of New Mexico,
County of Santa Fe. So
William B. Childers, being first duly
sworn according to law, deposes and says:
That he is resident of the City of Albu-
querque, in the territory of New Mexico;
that Thomas Hughes and W. McCreight
are the editor and business manager re-
spectively of the Daily Citizen, daily
newspaper published in the city of Albu-
querque, territory of New Mexico, and
circulating in the city of Santa Fo in said
territory;that said Hughes and McCreight
are partners in the management and con-
Quoting of said paper; that on the 9th day
of October, A. D., 1895, there was pub
lshed in said paper an article entitled,
SIS it Honesty or Partisaship?" copy of
said publication being attached hereto,
made part hereof and marked for iden-
tiication exhibit ga" and that said paper
said article has been generally
circulated in the said city of Santa Fe
and elsewhere throughout said territory.
WILLIAM B. CH1LDERs.
Subscribed in my presence and sworn
to before me, the undersigned authority,
this 10th day of October, A. D. 1895.
REAL GEO. L. WYLLYs,
Clark of said Supreme Court.
PECULIAR CONDUCT OF MIR. sP1Ess.
The New MEXICAN yesterday printed
the full text of the order of the supreme
court in the matter of the peculiar con-
nection of Attorney Charles A.. Spiess
with the case of the Territory of New
Mexico, appellee, vs.. Manuel Gregorio
Vigil, appellant. This case originated in
Taos county. Vigil was tried for murder
in the district court for that county and
convicted. He then took an appeal.
This appeal was argued and taken under
Amusement at the regular July meeting
of the supreme court. Mr.. Spiess ap-
peared as attorney for the appellant, and
as such attorney, among other grounds
for reversal of the judgment against his
client, attacked the suffioieuoy and validity
of the indictment upon which the convic-
ton was found. Yet the record in the
case shows that Mr.. Spices, in the capacity