Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1896-05-18
THE FOLSOM CASE.
Mandate of the United states supreme
Court Denying Jurisdiction to the
Circuit Court of Appeals and
Ordering Sentence
Executed.

Mr.. George L. WHY'S, clerk of the New
Mexico supreme court, has finally re-
ceived the mandate of the United States
supreme court in the matter of the at
tempted appeal of Stephen M. Folsom,
convicted two years and half ago, in
the district court at Albuquerque, of em-
bezzlement etc, in connection with the
wrecking of the Albuquerque National
bank. Appended is the full text of the
document, which fully explains the
status of the case:
MANDATE.
United States of America, IS:
The President of the United States of
America.
To the Honorable the Judges of the Supreme
Court of the Territory of New Mexico:
observation-disclosures Lately in the su-
preme court of the territory Of New
Mexico, before you, or some of you, in
cause between Stephen M. Folsom, de-
PENDANT and appellant, and the United
States of America, plaintiff and appellee,
wherein the judgment Of the said supreme
court in said case, entered on the 4th day
of Septem bsr, A. D. 1894, is in the follow
ing words, viz:
"This cause having been submitted to
and taken under advisement by the court
at former day of the present term, the
court being now sufficiently advised in
the premises, announces its decision by
Chief Justice Smith, Associate Justices
Fall, Laughlin and Freeman concurring,
affirming the judgment of the court below:
1t is therefore considered and adjudged
by the court that the Judgment of the dis
trict court of the End judicial district,
whence this cause came into this court,
be and the same is hereby affirmed, ard
that in accordance Herewith the said
Stephen M. Folsom be confined in the
New Mexico penitentiary, situated at
Santa Fe, N. NJ, for the full term of five
years, beginning to-day, for each of the
seven offenses for which he was convicted
in the lower court but the said seven
periods of five years each shall run con.
currently, and that warrant of commit
ment be issued against him."
As by the inspection of the transcript
of the record of the supreme court, which
was brought into the United States circuit
court of appeals, sth circuit, by virtue of
writ of error agreeably to the act of
congress in such case made and provided,
fully and at large appears; and
Whereas, The defendant in error filed in
said circuit court Of appeals motion to
dsmiss the error, which WAS argued by
counsel and submitted to the court. where
upon, the said circuit court of appeals
certified to the supreme court of the
United States, pursuant to law, a certain
question for the opinion of said supreme
court thereon; and
Whereas, In the present term of May,
in the year of our Lord 1896, the said
cause came on to be heard before the said
United States circuit court of appeals,
upon the transcript of the record from
the supreme court of the territory of New
Mexico. and upon the mandate of the su-
preme court of the United States in re-.
Spouse to said question, so certified as
aforesaid, filed in said cause and duly en-
tered of record.
On consideration whereof, it is now
here ordered and adjudged by this court,
that the writ of error in this cause to the
supreme court of the territory of New
Mexico be and the same is hereby dis
missed for want of jurisdiction, without
costs to either party In this court.
1t is further ordered and adjudged by
this court that the said Stephen M. Fol.
som appear before the supreme court OF
the territory of New Mexico, at the open
ing of the next term thereof, to abide the
order and Judgment of the said supreme
court herein.
1t is further ordered that a mandate
issue forthwith to the said supreme court
in this cause.
You, therefore, are commanded thai
further proceedings be had in said cause
as according to right and Justice, and tn,
laws of the United States, ought to b.
had, the said writ of error notwithstand
ing.
Witness, the Honorable Melville W. Full
Ter, chief justice of the supreme court O
the United States, the 18th day of May
1896. JOHN D. JORDAN,
Clerk of the United States Court of Ap
peals of the 9Th circuit.
ACTION PENDING.
Action on this mandate will be takel
by the territorial supreme court at thu
regular meeting of that tribunal in July
It is understood that Mr.. Frank W. Clan
cy, attorney for Folsom, will then maxi
an effort to secure An appeal of the cas-,
to the United States supreme court OF
its merits, but what method he will adop
to accomplish that result remains fo
time to disclose. Meanwhile Folsom viii
continue to enjoy his liberty on bond.