Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1896-09-29
"sYER WILL JUSTICE BE DONE"

inal determination in the New Mexico |
supreme court, the NEW MEXICAN care
'ully abstained from editorial comment
thereon.
Even now, since the supreme court has
inally passed upon the case, has solemnly
iecreed that Francisco Gonzales Bor-
,ego, Antonio Gonzales Borrego, Lau-
riano Alarid and Patricio Valencia shall
lie on the gallows on October Is for the
assassination of Francisco Chavez, has
formally denied an application for the
release of the prisoners on writ of habeas
corpus, has refused an appeal to the
United States supreme court, and has
until December IA, this paper
does not feel called upon to comment
further than to voice the views OF all
friends of law and order and justice in
and heartily commencing the
firmness, courage and wisdom of the su-
preme court in brushing aside the multi
picity of cunnlngly contrived technical
OBJ iectlons of able and untiring counsel
and reaching conclusions that are I'M
doubtedly righteous and that can hardly
be set aside, even temporarily, by any or
all of the arts known to legal aoumen.
The fact that Francisco Chavez, the big
hearted and popular ex-sheriff of this
county, was assassinated in this city on
the night of May 30, 1892, in the most
cruel, cowardly and brutal manner, is as
certain az that the sun shone this morning.
It is equally certain that that atroclous
crime was the fruit of carefully and de-
liberately matured conspiracy to accom-
plish the death of Chavez because of his
potent influence in the politics of this
county, and that Francisco Gonzales y
Borrego, Antonio Gonzales y Borrego,
Lauriano Alarid and Patricio Valencia,
with the active aid of Hipolito Vigil
(killed in resisting arrest) we're the per-
sons who actually executed the infamous
plot and caused the death of Chavez.
During the weary years that have elapsed
since the shocking deed, and in the course
of the protracted litigation wherein no
effort was spared to save the accused
from the dreadful results of their crime,
the possibility of the murder having been
committed by anyone else has never been
suggested. During the long trial the at
torneys for the defense relied wholly
upon the presumption that the prosecu-
ton would be unable to prove to the sat
isfaction of the jury practically &C
knowledged fact, and, of course, exhausted
every technicality at their command to
prevent the proof of this vital fact They
failed.
The Jury found the four defendants
guilty of murder in the first degree and
Judge Laughlin sentenced them to die on
the gallows. Subsequently Lauriano
Alarid and Patricio Valencia removed all
doubts that might have existed In any
quarter of the exact correctness of the
jury's conclusions by making partial
confessions.
Then the case was dragged before the gu
preme court, where all the apparently SO
riously urged technical objections to tn
decree of the district court were patiently
reviewed, and, in notably luminous, able
and exhaustive opinion by Chief Justice
Smith, that learned and impartial cour
deliberately affirmed the judgment Of thu
court below and ordered the execution O.
the condemned men. Before the cour
adjourned, however, Messrs. Catron ant
Spiess, attorneys for the murderers
moved for a rehearing on the ground tina
the record of the district court did no
show the fact of arraignment, and, whel
an effert was made to correct palpabl
clerical error in a proceeding befor
Judge Laughlin In chambers, Messrs. Cat
ron and Spiess and the four convicted
assassins positively made oath that, as
matter of fact, personally we'll known t.
them and each of them, the four defend
ants were not arraigned before thei
trial in the district court.
But, objection being made to the al
tempted correction of the record befor
Judge Laughlln in chambers and becaus
he was disc ualified on account of havinl
been of counsel for the prosecution in tn
preliminary hearing of the defendants,
special term of the district court wa
regularly called and Judge Hamilton pr
sided thersat. On a conclusive showing
verified by the afidavits of Stenographt
Renehan, Clerk WHY'S, District Attorne
Crist Sheriff Cunningham and othe
court officials, that the defendants wei
actually arraigned in open court befoI
} their trial began, and in spite of the an
prising contention that Judge Hamilto
could not make the correction because
was Judge of another district, the latt'
ordered the record corrected that it mig
perpetuate the truth.
On the day following this order the q
preme court met and ordered the correo
: ed record sent up on writ of certioral
8 Then the decree of the lower court vi
: again affirmed and the proceedings alreat
: noted were had.
b The attorneys for the murderers &c
threaten to make application to the Unit
States supreme court for mandam'
commanding the New Mexico supren
court to grant an appeal to the form
tribunal. On this point the very 40
opinion of Mr.. Justice Collier seems
US conclusive. The United States 8
! kN q