Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1896-09-23
THEY WERE ARRAIGNED.
Judge III amiitOn Orders the Record Of
the District Court Corrected SO as
to Show the Fact Of the Formal
Arrangement of BOrregOs-
Supreme Court TO-mOr-
row Executions
Scheduled.

In the district court yesterday after
noon, Judge Hamilton presiding, the mo-
ton of the territory to correct the record
of the court by an order nunc pro tune, so
as to show the fact of the formal arrign-
ment of Francisco Gonzales y Borrego,
Antonio Gonzales y Borrego, Lauriano
Alarid and Patricio Valencia, convicted
and sentenced to die for the murder of
Francisco Chavez, before Judge Hamil-
ton at the opening of their trial on April
20, 1895, was argued and submitted.
Judge Fl. L. Warren made the argument
in favor of the motion and MIR. Catron
resisted the same.
PREVIOUS PROCEEDINGS.
It will be remembered that on Septem-
Der 3, Immediately after the discovery of
the clerical omission in the record, a
similar motion was made and argued be-
fore Judge Laughlin in chambers and
Judge Laughlln ordered correction of
the record to show the fact of the formal
arraignment of the four condemned men
and that the clerk of his court certify the
corrected record to the territorial su.
preme court, then in session. But, as it
was strenuously contended by Mr.. Catron
that these proceeding we're not valid be-
cause Judge Laughlin was disquali-
fed to act in the premises on account of
his having been of counsel for the terri
tory in the preliminary hearing of the de-
PENDANTS and (2) because the court was in
vacation, it was deemed best for the
To nj
term of the court and have Judge
Hamilton preside thereat, thus removing
the only objections that we're urged with
any show of reason before the supreme
court on September against recognition
of the rendered corrected record.
| Accordingly the supreme court ad-
| journed until September "a and Judge
Laughlin promptly called special term
of the district court to meet in this city
on September 81. On the day last men,
toned Judge Laughlin opened the special
term of his court pursuant to call and the
solicitor general at once initiated the new
| proceedings to correct the record by
filing formal motion to that effect, sup
ported by the sworn certificates of Stem
ographer Renehan, Clerk WHY'S, District
Attorney Crist, Sheriff Cunningham,
Deputy Sheriff Tucker and Juror J. W.
| Brady to the fact of the formal arraign-
ment of the defendants in open court be-
fore their trial began.
| In the above mentioned proceedings
before Judge Laughlin Messrs. Catron
and Spiess, attorneys for the defendants,
positively denied that their convicted
clients were ever arraigned and sup
| tod 10 nj NIT <bo xysk
the four defendants and the solemn and
unequivocal affidavits of T. B. Catron
and G. A. Spiess. 1t is significant that
the last two affidavits were not submitted
at the hearing before Judge Hamilton
yesterday and that the only denial of the
fact of the arraignment was in the form
of an affidavit signed by the four poor
wretches over whose heads death SEN
fences hang.
ARRAIGNMENT NOT DENIED.
In his argument Mr.. Catron did not in
terms deny the fact of the arrangement.
He contented himself with the declaration
that there was not sufficient evidence be.
fore the court to justify an order making
the proposed correction, and with the
contention Ia new one in this territory
that justices of the supreme court OF
the territory could only hold district
court in their own districts and that con-
sequently Judge Hamilton had no juris-
diction in the trial of the defendants nor
In the pending proceeding. He support.
ed the last contention by placing an en-
tirely new construction on the law of
congress creating courts in the territory
"a construction that he claimed, with
apparent seriousness, rendered void acts
of the territorial legislature on the sub
ject.
Judge Warren answered both of these
points with characteristic clearnass. As
60 the claim that the affidavits of the off,
GERS of the court, who we're actually in
attendance upon the same when the act
was done, we're not sufficient to Justify
the proposed correction, he quoted
wealth of authorities to the contrary and
made it apparent to the average layman
among the spectators that the affidavit of
the official stenographer of the court, &C.
companied by certified transcript of
the record he made at the time, would
alone be ample justification for an order
correcting the record.
As to the point raised that Judge Ham
ilton was without jurisdiction because he
was outside of his own district, Judge
Warren vigorously maintained that the
construction attempted to be placed |
upon the congressional act in the prem
ises was wholly unwarranted by the Ian
guage of the act as we'll as by reason
itself. If the justices of the gu.
preme court could only hold district
courts in their own districts, and could
not exchange benches with their asso-
ciates in the event of disqualification or
disability, not only great and needless ex-
penses might be entailed upon counties,
but the ends of justice might be defeated,
as the territory could not take changes of
venue and defendants might avail them
selves of this construction to refuse
change of venue and thus delay trial pos
sibly beyond two regular terms, in which
event they would be entitled to dis
charge.
As matter of fact the murderers of
Francisco Chavez did refuse Judge
Laughlin's offer of a change of venue to
Chaves or EDDY county.
THE MOTION GRANTED.
At the conclusion of the argument of
counsel, Judge Hamilton delivered a |
notably clear and conclusive oral opinion
sustaining the motion of the territory
and ordering the clerk of the district
court forthwith to certify to the supreme
court a corrected record showing the
facts of the formal arraignment and the
pleas of mot guilty" of Francisco Con
zaIes Borrego, Antonio Gonzales Dor.
rego, Lauriano Alarid and Patricio Val. |
encia. In sustaining the motion, Judge !
Hamilton held that the evidence before
him was ample to show the fact of the
arraignment and that upon such evidence
the court had an Lndoubted right to or
der it's record corrected 80 that it would |
perpetuate the truth, even after the lapse
of twenty years. Touching the matter of |