Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1896-09-04
And whereas, The same was presented
to the Judge of said court by the said
district attorney, Jacob H. Crist;

among other things that specia
term of said court was begun and held a
Snnta Fe, in and for said Santa f,
county, and territory aforesaid, on th,
18th day of March, 1895; and that during
said special term of said court the abov'
named defendants in said case were pu
upon trial in said court, on, to wit: tn,
23d day of April, 1895, and that the rec
ords of the court pertaining to the tria
of said cause do not show the fact of the
arraignment or pleas of the said defend
ants, or either of them, at the beginning o
said trial or at any time then before; but
that the official notes of the official ste
noRrapher of the said court do show the
fact that on, to wit: the 23d day of April
1896, before the beginning of the trial oi
the said defendants in said case, that they
the said defendants, we're duly arraigned
and entered each of them plea of not
guilty to the said indictment in said case
And whereas, A transcript Of the official
notes of said official stenographer, under
oath, by said official stenographer, A. b
Renehan, is attached to said petition, SC
filsd As aforesaid, and filed herewith.
And, whereas, The said petition is also
supported by the affidavit of George L.
WHY'S, the clerk of this court during the
time of the holding of said special term
of said court, and is now also the clerk
of said court, in which it is averred that
the said defendants we're arraigned on
the indictment in said case, and that each
entered plea of not guilty thereto; and
in which said petition it is prayed that
an order be directed to the clerk Of this
said court authorizing and instructing
him to enter on the records OF said court
nunc pro tuuc, as part of the proceed
ings of said court for the 23rd day OF
April, 1895, the fact of said arraignment
of the said defendants and of their re-
spective pleas of not guilty to the charge
in the indictment in said case.
OAnd whereas, It is now within the per-
sonal recollection of the Judge of this
court, when he vacated the bench to Judge
Hamilton to try the case, and stepped
aside, aud while still in the court room,
that the facts stated in the enographer's
notes occurred exactly as stated, and that
Judge Hamilton asked if the defendants
had been arraigned, and that after state
ment of the said district attorney with
reference to some previous arraignment
of said defendants the indictment was
then and there read to them, and they, the
said defendants, each then and there at the
beginning of said trial plead not guilty.
And whereas, Obi jections we're raised by
counsel for said defendants touching the
alleged disqualification of the judge of
this court to make the order prayed for
on the ground that he had assisted the
said district attorney on the preliminary
hearing before his predecessor in office,
Hon. Edward P. Seeds; and whereas, the
Judge of this court volunteered his SER
vices as an attorney, before he assumed
the duties of his present Office, to assist
the said district attorney at said hearing,
that he never was retained by any one in
behalf of the territory to prosecute said
defendants, never received or expects to
receive any compensation of any kind or
value whatsoaver, and has no interest,
pecuniary or otherwise, in the final result
of said cause.
And thereupon, at about $3.50 a. n., on
this date, I, the said Judge of the said
court ordered the sheriff of said county
of Santa Fe, in whose custody the said
defendants were ut the time, TO bring
them before the judge Of said court; and
their counsel we're notified to be present;
and at 11:15 O'Clock, a. m. on this day, all
of the said defendants appeared in person
before said judge, attended by their coun-
sci, Messrs. Catron i Spiess, and after the
petition and the exhibit containing the
transcript of said official notes of said
official stenographer and the affidavit of
the clerk of this court, in support there
of, were read, the counsel for said defend
ants asked for time to file counter affi-
davits and protest to any action on the
part of said Judge, in said case, and the
said Judge gave them until 1:3o O'Clock
p. m. on this date, at which time all of
said defendants again appeared in per.
son and attended by their said counsel,
Messrs. Oatron & Spiess, and filed their
protest and objections, in writing, and
affidavits in support of their contentious;
all of which fully appears on file in this
case.
The said Judge then heard exhaustive
arguments on the part of the Territory,
and in support of the said petition by the
said District Attorney, jacob Il. Crist,
and by Messrs. Catron and Spiess in be-
half of their said clients, the said de.
PENDANTS, which lasted for more than
three hours, at the close of which, the
said Judge, then being sufficiently advised
in the premises, denied the protest, so
fled as aforesaid, and overruled the OBJ
jections therein contained, to which
counsel for defendants excepted; and the
said Judge granted the prayer in the said
petition contained.
Wherefore, the Judge of this court, be.
ing satisfied from the notes of the official
taken by him in the due
course of the performance of his official
duties and In pursuance of the practice
of this court, the said stenographer being
then and there a sworn officer of this
court and duly appointed and acting then
and there under the laws Of this Terri
tory, which notes so transcribed, are as
follows, to wit:
"April 23rd, 1895.
"No objection to Mr.. Laughlin remain
ing in the district but don't understand
that he can waive anything--can not
waive any right morally, it seems TO me,
If ii is not real wrong to do II.
ut is agreed that Judge Hamilton, of
Socorro, try the case, BY the parties.
"Defendants arraigned and plea not
guilty."
And after hearing the affidavits by the
parties herein filed and after having given
the same due consideration;
II 10 therefore considered, ordered and
adiudged that the clerk of this court do
and he 10 hereby Authorised and directed
TO insert and enter 90 part Of the record
in this case in this court, nunc pro tuuc,
a. of the 23rd day Of April, 1895, as fol-
lows, to wit:
Territory Of New Mexico,
ve.
Francisco Gonzales y Borrego,
Antonio Gonzales , Borrego,
Laurisno Alarid and
Patricio Valencia.
Nov comes the nlaintiff nv har d;skr;ct