Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1896-10-09
CASE OF THE BORREGOS.
Nothing New from Washington Ne.
garding Supreme Courts Action at
Instance of CatrOn-COnjec-
lures That Are Rife.

The NEW MEXICAN announced Yesterday
afternoon that, just before it was sent to
press, brief dispatch had been received
in this city from T. B. Catron to the effect
that the United States supreme court or
one Of the justices thereof had granted
an appeal and stay of execution in the
case of Francisco Gonzales Borrego ct
al, condemned to die on the 18th of this
month by the territorial supreme court
for the murder of ex-Sheriff Francisco
Chavez on May 20, 1892. The New MEX.
loan as we'll as Solicitor General Victory
have since sought exact information on
the subject from Washington by wire,
and confirmatory telegram was received
this afternoon.
The supposition, from the word
ing of the dispatch alluded to, is
that, on an e1 parte showing of alleged
facts in the premises by Mr.. Catron,
Justice Brewer, of the United States gu
preme court, granted the petition for an
appeal from the habeas corpus proceed.
ings before the supreme court of New
Mexico and that a stay of execution was
granted pending a hearing after the
record is sent up to the court of last re-
sort.
1t is thought by some that Mr.. Catron
has merely been granted an alternative
writ of mandamus on the territorial gu
preme court to grant an appeal from the
habeas corpus proceedings and send up
the record. If that supposition proves
true both sides will have to be heard be-
fore the mandamus is made peremptory.
In either event both sides will unques
tionably be granted full hearing before
the court of last resort takes definite ac-
ton of any kind. At present there is
nothing before it upon which Judgment
could be rendered. When the record
reaches it and the matter comes up for
disposition doubtless the first step of the
territory's attorney will be to move
dismissal on the ground that the court,
in the three opinions cited by Judge Col
lier in his opinion denying the motion
for an appeal, has distinctly decided that
it is without jurisdiction in such cases.
What Mr.. Catron has accomplished so
far at Washington was not unexpected
by experienced lawyers and it is not
likely to result in more than temporary
postponement of the execution of the
judgment of the territorial courts. In
deed, most people about town express
satisfaction that the highest court in the
land has concluded to consider the purely
technical questions raised by Mr.. Oatron
and that they are likely soon to be dis
posed of forever in the interest of law
and Justice.
Naturally the relatives and intimate
friends of the condemned men were very
much pleased that stay of execution
had been secured and eagerly cling to the
hope that it may result in saving the
four men from the consequences of their
awful crime; hut it is hard to understand
how pretended friends of law and order,
who are not attached to the murderers by
ties of blood or close personal intimacy,
could rejoice that the orderly admin
istration of Justice had even for a short
time been interrupted.
No intelligent person in this commu-
nifty, of whatsoever color of political or
religious opinion, doubts that Francisco
Gonzales y Borrego ct al. assassinated
Francisco Chavez in the most brutal and
cowardly manner. Indeed, Lauriano Ala
rid and Patriotic Valencia have confessed
to their share in the atrocious crime and
the evidence of the guilt of the Borregos
was absolutely conclusive. Hence gen.
uine friends of law and order, while not
prompted by malevolent motives, feel
that they should be executed without
needless delay.