Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1896-09-25
new MEXICO SUPREME COURT
Amended Record of District Court in
the BOrregO Case Submitted and
Formally Approved.
The CHAVEZ ASSASSINS TO DIE OCT. is
Catron & Spiess, Attorneys for the Con-
demned Men, Make Application for
Writ of Habeas Corpus
Hearing in Progress.

AACdll Ing IA 1OSlCSos
In the supreme court yesterday, Chief
Justice Smith presiding and Associate
Justices Collier and Bantz being present,
jhe petition of Solicitor General Victory
Tor writ of certiorari, ordering the clerk
Of the district court forthwith to send up
the corrected record in the case of the
Territory vs.. Francisco Gonzales ct al,
was argued, submitted and the record or
dered sent up. This fact was announced
in these columns last evening.
WRIT OF oERTIoRARI ORDERED.
The order contained in the writ of
certiorari was promptly obeyed, and ar
gument was heard during the afternoon
on the question whether the corrected
record, showing the fact of the formal ar
raignment of Francisco Gonzales ct al,
should be made part of the original
record in the case and final judgment en-
tered up accordingly.
Solicitor General Victory and Judge
Warren argued in the affirmative and
Messrs. Catron & Spiess resisted the ap-
plication. Practically the same lines
were followed in the arguments as in the
proceedings to correct the record before
Judge Hamilton, which was fully report
ed in these columns on Wednesday. In
his argument Mr.. Cetron did not make a
distinct and direct denial of the fact of
the arrsignment, merely intimat-
ing that it was denied by the
affidavlts of his four condemned
clients, but he attempted to discredit the
affidavits to the fact of the arraignment
on the broad ground that in his opinion
neither Stenographer Renehan nor Clerk
Wylys nor District Attorney Crist nor
one lawyer in fifty knew what a formal and
| proper arraignment was.
In the event that the record as ordered
corrected by Judge Hamilton was &C.
cepted by the court, Mr.. Catron moved
that the attempted correction of the rec.
ord by Judge Laughlin in chambers, pre-.
viously sent up, be stricken from the rec
ords of the court. 1t will be remember
ed that the record sought to be stricken
out contained the positive and unequiv'
ocal sworn statements of T. B. Catro1
and Chas. A. Spiess that they and each O
them knew of their own knowledge that
as matter of fact Francisco Gonzales
Borrego, Antonio Gonzales Borrego
Lauriano Alarid and Patricio Valencia
we're not arraigned before their trial be
gan.
The court took the matter under ad
visement until O'Clock last evening. A
that hour the court was reopened an,
Chief Justice Smith asked the solicitor
general If he had anything to say regard
ing the motion to strike from the recort
the proceedings had before Judge Laugh
lin touching the correction above alluded
to.
JUDGE WARREN RESPONDED.
Judge Warren responded that in tn
opinion of the solicitor-g general and him
self Judge Laughlin was entirely qualified
to make the correction noted even il
vacation and that the proceedings befor
him should stand.
The chief Justice said that the court di
not agree with Judge Warren, holding
that Judge Laughlin, having been of coun
sci for the prosecution in the preliminar.
Investigation, was disqualified to act il
the premises, and hence the correction
made by him would be stricken from tn
record.
The chief Justice then announced that
in the opinion of the court, the corrected
record showing the fact of the arraign
ment of the four defendants, sent up Of
the order of Judge Hamilton, was regu
lar and valid in all respects; that thi
would be made part of the original rec
ord; that, the record now being complet
and perfect in all respects, the judgmen
of death pronounced against the four de
PENDANTS in the lower court was affirmed
aud that Thursday, October Is, 1896, be
tween the hours of 6 q. m. and 5 p. m.
was the time designated for the execution
of the Judgment of the court.
Mr.. Spiess Immediately filed motion
for writ of habeas corpus, asking TO
the release of the four condemned mel
on grounds already adversely passe,
upon by the supreme court.
After reading the motion, Mr.. Spies
said that he realized that the reason
urged in support thereof had alread,
been decided as insufficient by the court
and consequently he did not expect tn
motion to be granted. But, being ex
ceedingly solictous not to consume
needless quantity of the courts valuable
time, particularly as he understood tina
some of the Judges desired to get ava.
on the night train, he had hastily pre-
pared and submitted the motion in orde
that the anticipated judgment might a
once be entered up and the record there
by completed.
Judge Warren suggested that the or
derby method of procedure would be t,
issue the writ, and, on the return made
determine whether the petition should b.
granted.
The court took the matter under ad
visement until $3.50 O'Clock this morning
SUPREME COURT SESSION TO-DAY.
In the supreme court this morning
writ of habeas corpus, directed to th
sheriff of Santa Fe county, was ordere
issued in the case of the Territory VI
Francisco Gonzales Borrego ct al, mad
returnable forthwith with the bodies Q
the four men named therein. In the at
sence of Sheriff Cunningham, Who did nc
reach the city from Cerrillos until abou
| o'clock, the court took recess till Is
P. m.
At 3 O'Clock this afternoon Sheriff Our
ningham made return on the writ {
habeas corpus addressed to him, show
ing the authority upon which he bel
Francisco Gonzales y Borrego ct al
custody. BY agreement of counsel Ii
bodies of the men were not brougt
tito court this afternoon.
IN MEMORY OF NIB. HEMINGWAY.
In behalf of the committee of the bs
appointed for the purpose, Solicitor Gel
sral Victory yesterday offered apreamb
!. and series Of resolutions expressive {