Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1896-04-29

1894, prior to the commencement of ms
present term of office, and this action was
| taken simply to prevent street row oi
a disgraceful character, and [ deny abso,
| lutely that even at that time or ut any
| other time whatsoever 1 rescued or took
away from policeman the said Kerr.
As to the charges in the fifth specifica.
tion in reference to James Tracey, the
truth ls, that said Tracey and another
| were confined in jail at the etown of Ger
rillos by the justice of the peace of that
precinct in default of the payment OF fine
and costs; that, during the period of
their confinement, the jail lock WAS
broken as WAS supposed for the purpose
of releasing the said James Tracey and
others; that said Tracey was then sent up
here to be incarceretedin the county Jail /;
that upon their arriving here, having
good reason to believe, and believing that
they knew, that is to say, the said James
Tracey and others, who had broken the
lock of the Cerrillos Jail, and having good
reason to believe and believing that the
same was broken with the connivance of
or with the knowledge of the said James
Tracey, and being fearful that the said
James Tracey, or his friends for him,
might attem pit to break the jail, threat
enee to put the said Tracey IN cell in
the Jail known as close cell, and to
handcnf him; but before the said threat
coul4 r7t carried ont, even had it been my
intention to carry OF the same, the said
Tracey told me in the presence of John
Sullivan, deputy sheriff, the jailer and as
sistant iailer, who it was that had broken
the lock of the Cerrillos jail, that is to
say, that one Tom O'Donneil had broken
the lock, and | specifically deny that the
said James Tracey was ever handcuffed
and placed in irons and chained to the
iloor Of any cell while in my custody.
As to the charges contained in the FIRST
specification as to misfeasance and op-
preston in relation to one Ross Griffith,
/ desire to state that did have In my
possession $500 in cash in lien of good
and sufficient bond for the appearance of
said Ross Griffith to answer an indiet-
ment at the present term of this court, to
appear before the grand jury to answer
said Griffith having been committed to
my custody; that the said Griffith pre-
sented to the Justice of the peace bond
for his appearance and the same was ap-
proved by said justice of the peace and
not by myself, as the law requires, and
against two of the sureties upon which
had executions, which could not satisfy,
and which said bond could not approve
for the penalty thereof; that l retained
said $500 until, as was stated to defend
ants attorney, he should give good and
sufficient bond in the sum of $1,000 to
answer the Indictment found against him,
which said bond was presented to me at
night on Saturday, April as, 1896, and
that on Monday morning, April ~, 1896,
approved and accepted said bond, and
burned over to said Griffith the $500, TAX
ing his receipt thereof.
As to the specifications one, two and |
three, in reference to MY unlawful reten-
lion of public funds, I respectfully sub
NIT as to No. /, that the amount therein
specified, that is, $315.5l, never could
have been any part of the school fund of
said county, but under the law of 1889
was a portion of the current expense
'und of said county; second, that said
amount, if ever collected by me, or COM
ing into my possession, was SO collected
or came into my possession as in said
specification shown, in 1894, prior to my
present term OF Office, and if SO collected I
BY me, or if the same ever came into my
hands, it was collected or came into my
hands as collector of Santa Fe county !
ind was never collected, received or held
~ mo as sheriff of Santa Fe county,
'ither during my present term Of office
,r during my former term which expired
January l, 1895. Further, / respectfully
ubmit that in January, 1895, I had full
ettlement with the board of county CON-
nissioners Of Santa Fe county with refer
nee to all accounts of whatsoever kind
between myself as sheriff or as collector
md said county; that this item of $315.51
vas embraced in said settlement, and that
'fter a full investigation by a committee
ppointed by the county, a settlement of
II said accounts so commenced to be
made in January was finally made and ap-
proved on April /, 1895, over the official
ignature of G. W. Dudrow, chairman of
he board of county commissioners of
aid county, by which official settlement
nd order of the board of county COM
nissionera, as will appear by the records
+ the county, the said county was found
0 be indebted to me in the sum of 1927,
md at the same meeting other accounts
leld by myself against said county and
erritory were approved and allowed by
he said board Of county commissioners,
IS will appear by the records over the
ignature of the said G. w. Dudrow,
to the amount Of nearly 81 200.
rhe same statement made with reference
o specification No. applies as fully and
peoifcally to the charges contained in
pecification No. 2, the settlement made
IN April l, 1896, covering the items spec
fed in the second charge or specification
% we'll as that specified in the first. I
would respectfully submit that these set
dement's we're presumed to be made in ac-
'ordance with the allowance, and the vouch-
RS submitted with the accounts against
he county remain in the possession Of
aid county, and could not be under the
control Of myself to be presented here.
With.
As to the charge in specification No. 8,
n reference to the $297 alleged to be due
The territorial penitentiary, $1s7 of