Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1896-12-22
THE -FOUR DOOMED ASSASSINS
Friends Of Law and Order Rejoicing
Over Satisfactory Status Of
Borrego Case.
SUPREME COURTS JUDGMENT APPLAUDED
Statement of the Case AS 1t Appeared
in the Court Of Last Resort-Regu-
larity of Proceedings in Terri
torial Courts-End Near.

The NEW MExIoAN's wired announce
ment from Washington, last evening, that
the United States supreme court had
passed upon the proceedings of the New
Mexico courts in the case of Francisco
Gonzales y Borrego ct al, convicted and
sentenced to be hanged for the brutal
murder of Francisco Chavez; had pro-
nounced said proceedings regular, and
had affirmed the Judgment of the New
Mexico supreme court in the premises,
caused sincere rejoicing among all
friends of law and order in this COM
munity. The fact that ex-Sheriff Chavez
WAS cruelty assassinated in this city of
the Holy Faith four years and seven
months ago. and that the perpetrators
of the atrocous crime have evaded JUS
tice during these dreary years, has long
been felt to be an ugly stain upon the
fair name of this city and county, and
much qualification is expressed that the
dark stain is likely now to be removed
and that Justice seems certPin to
take its course without further unseemly
delay.
Editorially to-day the New MEXICAN
briefly recites the fatiguing litigation that
has so far saved the necks of the convict
ed and condemned assassns of Francisco
Chavez and has led up to this righteous
decision of the court of last resort. OF
course, until the full opinion Of the United
States supreme court is received by mail,
4 -, I, full 10 al loka
the status OF the case; but it may be ex
planned that the appeal passed upon by
the court of last resort was from the
Judgment of the territorial supreme court
den wing the condemned men release on
writ of habeas corpus, and no competent
lawyer believes that the federal courts
will grant further delay.
The case as it appeared in the United
States supreme court Is briefly stated as
follows
"The appellants were indicted, tried by
jury, and convicted for the crime of MUIR
der, under the laws of the territory OF
New Mexico, In and by the district court
of the lst judicial district held within
and for the county of Santa Fe, in that
| district, and were sentenced to death by
the court in accordance with the statute
of that territory; which judgment and
| sentence was affirmed by the supreme
court of the territory upon writ of
error sued out by appellants, and the
date of execution was fixed by that court
for October Is, 1896.
"After the affirmance of the Judgment,
the said supreme court issued a writ of
habeas corpus to the appellee, the sheriff
| IS oJ,,k bo
pellants were held under mittimus is
sued to him in pursuance of the sentence,
upon petition of the appellants, in sub
stance alleging themselves to be illegally
restrained of their liberty by the appellee
as such sheriff, and upon the hearing had
upon the return made by the appellee to
the writ, and the reply made by the ap.
pellants to such return, upon the facts
therein appearing, the said court ordered
that the writ of habeas corpus be dis
charged, and the petitioners therein, the
appellants here, be remanded to the Gus
tody of the appellee; all of which pro-
ceedings were under the habeas corpus
act of the territory.
"From this Judgment and decision of
said supreme court discharging the writ
and remanding them, the appellants
prayed an appeal to this court, which was
refused by said territorial supreme court
on September 26, 1896
upon application of the petitioners
in said habeas corpus proceeding, made
upon the record of the same presented to
him, an associate justice of this court, in
vacation, made an order allowing the ap-
peal, and signed citation to the ap-
| l.,
within thirty days from date.
sit is deemed unnecessary to recite other
facts, except that upon the request of
the associate Justice of the supreme
court of the territory of New Mexico,
holding the term of the district court for
the county of Santa Fe, in the 1st judi
cial district Of the territory, he being
disqualified and incapaciated from pre-
siding at the trial of these appellants
under the said Indictment another assoc
ciate Justice of the supreme court, who
under an order or arrangement of the
court had been as signed to the 5th judi
cial district, presided throughout the
trial of said cause in Santa Fe county,
with the express consent of these appel
ants, and IN pursuance of the New Mexi-
co statute upon the subject hereinafter
set forth. The facts as stated appear in
the record of the proceedings had in the
habeas corpus case before the territorial
supreme court filed upon this appeal to
which the appellee asks to refer for a
more detailed statement"
| 1t may be added that, after the case
had been passed upon by the territorial
supreme court and the death sentence of
the district court had been affirmed, the
attorneys for the defendants pretended
to have made the discovery that the de-
PENDANTS had not, according to the record,
been properly arraigned in the district
court before Judge Hamilton; that the
district court subsequently corrected it's
record on the testimony of its sworn Off
GERS 80 as to show the fact of formal ar
raignment and that the supreme court of
| New Mexico accepted corrected record
showing the fact of formal arraignment
and reaffirmed its original judgment. It
is presumed that the regularity of this
proceeding and the right of Judge Hamil-
ton to preside ct the trial in the district
court we're the principal questions passed
upon by the United States supreme court.
Otherwise no color of ground for the
appeal existed.
It is now contended that Mr.. Oatron's
bill, pending in congress, granting APP
peals from the territorial to the federal
courts in criminal cases, originally intro
duced to thwart the ends of Justice in
the Folsom case, may become law in
time to save the murderers of ex.Sheriff
Frank Chavez for months longer, Per-