Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1896-04-24

Santa Fe, N. M, April %, 1896
Charges of misconduct, misfeas 'nce and
oppression in office, preferred against W.
P. Cunningham, sheriff of Santa Fe coun-
ty, NV Mexico:
Specification First:-In this, that he,
the said Cunningham, sheriff as aforesaid,
did. on or about the 3lst day of October,
1895, arrest ons Ross Griffiths, on charge
of assault to kill, and that he received
from the said Ross Griffiths the sum OF
$500 in cash ucder pretense Of holding it
rs security for the said Grffiths' ap-
prarance before the grand jury of the
district court of the county of Santa Fe,
after the said Grifiths hah given a good
and sufficient bond accepted by the prop
er officer, for such appearance, the said
Cunningham did refuse to return said
sum of money turned over to him BY said
Griffiths as aforesaid and still keeps the
same iu his possession, still refusing to
turn the same over to its rightful owner.
Specification Second:-That the said
Cunningh ham, sheriff as aforesaid, on the
9th and 9Th days of April, 1898, in the
city of Santa Fe, during the campaign fer
the election ofcity officers, caused or pro-
cured or WAS instrumental ia causing,
without warrant 10 law, or legal ACCUSE
tion, the following persons, citizens of
the city aforesaid, to be arrested and In
carcerated, the same thereafter being re-
leased without Judicial investigation or
trial, these arrests aud incarcerations being
made for she purpose of Influencing the
votes of the said persons and compelling
them to vote for certain candidates for
city officials 10 the interest of the said
namely: Martin M-drauo,
Antonio Pine, Manuel Armijo, jose de la
Luz Romero, Roberto Johnson, Luis Ro-
nero, Tirsio Padilla, Julian Arias, Mute
Jackson, 7. J. Glass, Juan Sena, Jesus
Gurule, Sotero Martinez, Juan Armenia
and others.
Specification Third:--That he, the said !
Cunningh ham, sheriff as aforesaid, being |
then and there the chief peace officer OF
the county and sworn to preserve and
keep the peace in the city of Santa Fe, on
the 18th day of March, 1896, in the even-
ing of said day, being then aud there
armed with deadly weapon, waited at
the door of tho Arcade saloon until one
I. p. Gable came out of said saloon,
when he asked the said Gable in peace
able manner to walk Into the plaza with !
him, to which the said Gable assenttd,
and, while SO walking he, the said Cdn
nlngham, without notice and without I
pruvocation and without justification, the
said Gable being unarmed and not sus-
pecting anything of the kind, proceeded
10 assault the said Gable and did assault
aim. knocking him down five or six times,
breaking out four or five of his teeth, and
1oing him other great bodily harm.
Specification Fourth:--Iu this that he,
he said Cunningham, sheriff aforesaid, iu
ne city uf Sanra Fe. on or about the -
lay Of ---, 1896, did without war
ANT of law aud without justification
shatsoever, take away and liberate from
The custody of th- city police one W Il
Kerr who had been arrested by the said /
'isy police and WAS being conveyed to
jail for violation Of the city ordinances.
Specification FIve:-In this that he,
'aid W. P. Cunningham, sheriff as afore-
'aid, in tho city of Santa Fe, ON or about
he --- day of --------, 1896, did re.
,eive in his official capacity enc James
Tracey, who had been sent uy the magis-
rates from the town and precinct of Ger
'itlos for confinement In the county Jail
or violation of a town ordinance or ter
'ltorial statute, aud did ask the said
lanes Tracey if he, the said prisoner,
would not testify that one Tom ODon
'eil had broken open the Jail OF place Of
confinement used in the town of Cerrillos
or the confinement of persons charged
With ofens-s against the town ordinances
It Cerrlllos or against the territorial
tatutes, and liberated certain persons
herein coufned for such offenses, and
'pon the said James Tracey, prisoner
hen and there in the custody Of said Gun.
bingham, sheriff as aforesaid, and entitled
o the foil protection of the law under tho
aid sheriff as aforesaid, saying that
10 would not and could not do 40, the said
Cunningham then and there threatened
no said james Tracey, and then and
here told him that he would place him ia
rons aud keep him there as puuish-
nent for declining to testify as the said
sheriff as aforesaid, de.
handed; and, upon the said James Tracey
till declining to accede to said Cunuing-
ANS demands, he, the said Cun bingham.
I'D handcuf the said James Tracey,l
,laced him in irons and chained him to
he foor of the cell of a room in the coun.
y Jail at Santa Fe, and actually did su
'eep the said James Tracey handcntfed
nd ironed and chained to the floor for
everal days.
All this, in or about the county of San
a Fe, territory of New Mexico, and on or
bout the dates above mentioned.
q. W. DUDRow,
chairman Board Of County Commis-
sioners.