Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1896-10-12
CASE OF THE BORREGOS.
Action OF Judge Brewer in the Prem
ises-Appeal and Stay Of Execution
Sheriff Cunningham Cited to
Appear Before q. =. Supreme
Court Within Thirty
Days.

The following document was filed in
the Office of the clerk of the New Mexico
supreme court this morning:
United States of America, So.
To William P. Cunningham, Sheriff of Santa
Fe County, Territory of New Mexico.
Greeting: You are hereby cited and
admenished to be and appear at the su-
preme court of the United States, at Wash
ington, within thirty days from the date
hereof, pursuant to All order allowing an
appeal, filed in the clerks Office of the su-
preme court of the territory of New Mex
leo, wherein, Francisco Gonzales Bor-
rego, Antonio Gonzales Borrego, Lau-
rano Alarid and Patriotic Valencia are
appellants, and you are appellee, to show
cause, if any there be, why the judgment
rendered against the said appellants
should not be corrected, and why speedy
justice should not be done to the parties
in that behalf.
Witness the Honorable David j. Brewer,
Associate Justice of the Supreme Court
of the United States, this seventh day
of October, in the year of our Lord one
Thousand eight hundred and ninety-six i.
DAVID j. BREWER,
Associate Justice of the Supreme Court
of the United States.
On this twelfth day of October, in the
year of our Lord one thousand eight hun
dred and ninety-six, personally appeared
Robert @. Gortner, before me, the sub
scriber, a notary public in and for the
county of Santa Fe in the territory of
New Mexico, and being duly sworn, said
Robert @. Gortner makes oath that he
delivered true copy of the within cita-
tion to William P. Cunningham, sheriff of
Santa Fe county, territory of New Mex
loo, at the said county of Santa Fe, New
Mexico, on the day and year last aforesaid.
ROBERT q. GoRTNER.
Sworn to and subscribed the 18th day
of October, A. D. 1896.
SEAL GEORGE A. JOHNSON,
Notary Public, Santa Fe County.
In connection with the foregoing the
bond of 7. B. Catron in the penal sum of
$500, approved by Judge Brewer and
running to Sheriff Cunningham, to cover
costs in case the petitioners fail to prose-
cute and make good their plea, was also
filed.
The above proceedings were had on the
strength OF an order Endorsed on the bill
of exceptions, which reads as follows:
washington, D. O., Oct. Z, 1896.-Appeal
allowed with a stay of execution.
Signed "DAv1D J. BREWER,
Associate Justice of the U. =. Supreme
Court"
This order is also now on file in the
Office of the clerk of the territorial su-
preme court with the bill of exceptions
from the rulings of the territorial court
in denying an appeal from the habeas
corpus proceedings. It is presumed that
the order just cited was founded upon
these exceptions.
It is understood that Solicitor. General
Victory and Judge Warren, who represent
the territory in the premises, will soon
file motion in the United States supreme
court to dismiss the appeal on the ground
that the court has distinctly declared, In
three different opinions, that it would not
take jurisdiction in such cases and no
doubt is entertained that the motion to
dismiss will be sustained.
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