Santa Fe daily New Mexican., 1896-09-02
In THE COURTS TO-DAY.
Supreme Court Denies Application
for Bail in Abeytia- Lujan Case
Folsom Case Aga1n-Sept. 81
FIXED as the Day for Nine
Executions.

In the New Mexico supreme court yes
terday afternoon an application for bail
in the cases of Agapito AbeYtia, jr., and
Jose Victor Luian, indicted for the muir
der of John Doherty in Mora county on
December 8, 1898, was urged by O. A.
Larrazola for the accused and resisted by
Solicitor. General Victory. The motion
was denied by Chief Justice Smith in
chambers at Las Vegas on August II and
came before the supreme court on appeal.
The latter tribunal this morning handed
down an opinion by Judge Bantz denying
the application.
The case of s. M. Folsom, wherein the
supreme court of the United States has is-
sued mandate on the supreme court of
New Mexico to execute the decree of the
district court imprisoning Folsom for
five years for fraud and embezzlement in
connection with his management of the
wrecked Albuquerque National bank, was
called up this morning. OF course Fol
som was not present. Chief Justice
Smith announced that the mandate of the
highest court of the country must be en-
forced; that the means resorted to to gain
further time could not be tolerated.; that
definite action would be taken in the
premises at O'Clock this afternoon. 1t
now seems probable that Folsom's bond
will be declared forfeited and an alias
writ will be ordered for his apprehen-
sion.
In making necessarily hurried report
of the multiplicity of opinions handed
down by the supreme court at noon yes
terday, the New MEXICAN made two or
three omissions. In the case CT John
Chamberlin, sentenced to sixteen years
in the penitentiary for murder in the
second degree in Socorro county, the
| Judgment of the lower court was affirmed.
Judge Bantz prepared the opinion and
Judges Smith, Laughlin and Collier con-
Cured.
The case of Augustin Lermo, convicted
of murder in the first degree in Judge
Bantz' court, was reversed and remanded
on the ground that instructions as to
circumstantial evidence were left out OF
the record. Judge Laughlin prepared
the opinion and all the other judges con-
Cured.
Yesterdays report also contained the
erroneous statement that Judge Hamil'
ton concurred in the opinions affirming
the death sentence of Gonzales and Ara
gon, in Chaves county. Judge Hamilton
was at one time attorney for the defend
ants and did not participate in the hear
ing.
No motions for the rehearing of any o.
the nine capital cases affirmed yesterday
we're filed, and September "a was fixed al
the day for the execution of the nine
doomed men-Francisco Gonzales y Bor
rego, Antonio Gonzales y Borrego, Lauri
ano Alarid and Patricio Valencia, of San
ia Fe county; Pertecto Padilla and Ro
sario Ring, of Rio Arriba county; An
tonic Gonzales and Eugenio Aragon, O
Chaves county, and Dionicio Sandoval
of Bernalillo county.
Rumors are rife that Mr.. Catron, at
torney for the Borregos, will make a des
perate effort to gain delay in behalf o.
his clients, the Borregos, by appealing te
the president for reprieve and then tc
one of the judges of the United States
supreme court for writ of habeaf
corpus. But these are mere conjectures
The New MEXICAN can be depended upor
to report the facts as fast as they are dis
closed.