Santa Fe daily New Mexican., 1895-10-15
The court ordered that hereafter all

The court ordered that hereafter all
motions should be written out.
Mr.. Childers requested an order on
Major Palen to afford the committee ac-
cess to certain documentary evidence in
his possession and called for in the sub
poena on him as witness.
WARM WORDS PASS.
This gave rise to some rather warm
words between counsel, in the course of
which Mr.. Field said he wished Mr.. Chill
ders would file charges against him, and
Mr.. Childers rejoined that he would not
hesitate to accommodate the gentleman
if the occasion should require such action.
Gen. Bartlett, speaking to the question,
said that his clients, Hughes and Nc
Creight, stood upon their answers to the
interrogatories; if the answers were not
true, they could be punished for perjury;
if their answers were evasive, they could
be punished for contempt of court.
The court thereupon excused the wit
nesses in the Catron, Spiess and Otero
cases for the day.
The interrogatories as to Thomas
Hughes were then read by Solicitor Gen
eral Victory, and the answers wsre read
by Gen. Bartlett.
In his answers Mr.. Hughes said that his
wife owned half of the Albuquerque
Citizen; that he was the managing editor
thereof; that the article, out of which
grew the contempt proceedings against
him, was published in the Albuquerque
Citizen of October 8; that he
DID NOT WRITE THE ARTICLE
nor did he know who did write it; that he
found it upon his desk the morning of
the day mentioned, and, after hurriedly
glancing over the first few pages, placed it
on the hook for the printers; that the art
icle was type-written ard unsigned; that
he did not know who brought the article
to the Office and laid it on his desk; posi-
lively did not know who was responsible
for the authorship of the article; admit
ted that Mr.. W. s. Burke, while reading the
proof of the article, called his attention
to the fact that the article was "loaded" or
words of similar import; that he might
have told Burke that the article was writ
ten by one of the ablest Democratic law
yers in New Mexico, but did not remem-
Der having said SO; that he was advised
by several persons that contempt pro-
ceedings would bs instituted against
him, but received no telegram from San
ia Fe advising him to leave Albuquerque;
that he did 60 to Winslow, Ariz., the day
after receiving such information on a
business trip; that he did receive tele-
gram there advising him to continue his
pI ouokbor from hio v,or rkn r
urging him to return; that he
RETURNED TO NEW MEXICO VOLUNTARILY;
that the deputy marshal did not serve
warrant upon him until he was in this
territory; that he might Lave made the
random remark to the deputy marshal on
the train that the Objectionable article
was written by Democratic lawyer, but
the remark was not justified by the facts;
that, if he had read the article carefully
before it's publication, he would not have
printed it, that he intended no disrespect
to the court and regretted the publication
of the article.
Mr.. Jones pronounced the answers
neither satisfactory nor credible be-
cause they set up a statement of facts in
consistent with the presumed sanity OF
the intelligent gentlemen responsible for
them. 1t was incredible that Mr.. Hughes
could have been 80 criminally negligent
and careless as his answers implied. He
regarded the answers as an effort to
evade full disclosures and thought that
witnesses should be examined to ascer-
tain the whole truth.
~ ;~lr kbot ha
opinion of Mr.. Jones was conclusive as
to the incredibility of tho answers. They
we're no more incredible than the publi-
cation of the article itself by professed
friend of Mr.. Catron like Mr.. Hughes
an article which he pronounced unfortu-
nate and wicked and very harmful to Mr..
Catron.
After further argument on the question
of examining witnesses, the court took
the matter under advisement until 1870
p. m.
GUILTY OF ACTUAL CONTEMPT.
At 1880 p. m., Justice Collier, acting as
chief Justice in the absence of Chief JUS
ticc Smith, announced that the court had
decided to pass upon the case of Mr..
Hughes without taking testimony.
Thomas Hughes was thereupon found
guilty of actual contempt.
The contempt case against W. T. Nc
Creight was next taken up. In his answer
the defendant set up that he was business
manager of the Daily Citizen and gener-
ELY denied having any responsibility for
or any knowledge whatever about the
publication of the article in question.
The judgment of the court in the mat
ter of W. 7. McCreight was that he be
fined $25 and costs. Judgment will
probably not be passed upon Thomas
Hughes until Friday, pending the re-
covery of Chief Justice Smith from his
sudden illness.