Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1896-04-29
CHARGES VS.. CUNNINGHAM
Full Text OF the Sheritf's Answer us
Presented to the Governor
Yesterday.
WEAK SHOW ING OF THE COMMISSIONERS
Governor Has Under Amusement Cues
ton Whether Amount Due for Keep
OF Borregos at Penitentiary is a
Public or Private Debt.

The hearing before Gov. Thornton o
the charges preferred against Sheriff Gun
was continued at O'clock yesterday Of
ternoon.
As intimnted in these columns yesterday
Mr.. Spices, who acted as prosecutor fol
the commissioners, failed to sustain any
of ths charges that the sheriff was short
in ~ official t.counts as sheriff or col
lectcr, and, as the law clearly gives the
district court original Jurisdiction in
such cases, tho governor did not 60 into
the charges of misconduct, misfeasance
aud oppression in Office" Indeed, Mr.
Spiess withdrew the charges that the
sheriff wrongfully arrested number OF
persons on the eve Of the late city cleo
tiun, remarking that the facts connected
the city police and not the sheriff with
these arrests.
1t consequently happened that the
hearing yesterday afternoon was devoted
by counsel for the sheriff and the COM
missioners to argument on the question
whether the money due by the sheriff to
Col. Bergman for the keep of the Bor-
rego brothers at the penitentiary was a
public or a private debt.
After listening to both sides, the gov
ernor announced that, after comforting
with the solicitor general touching the
law questions involved, he wonld render
judgment in the premises on Thursday
morning.
FORMAL ANSWER TO THE CHARGES.
Appended is the full text of the sheriff's
answer to the charges which were printed
ia these columns on Friday:
TO His Exceilency W. 7. Thornton, Governor
OF the Territory OF New Mexico.
Sir:--The undersigned, William P. Gun
ningham, sheriff of the county Of Santa
Fe, territory OF New Mexico, duly elected
by the people of Santa Fe county to said
office of sheriff in November, A. D. 1894,
replying to certain charges heretofore
made against him, nominally by one @.
W. Dudrow, signing himself chairman OF
the board of county commissioners of
the county Of Santa Fe, most respectfully
submit the following answer TO, the
charges and specifications:
lst. As to the charges Of misconduct,
misfeasance ana oppression in office,
most respectfully submit that this is not
the proper tribunal before which IshOuld
be called to answer said charges, if any
answer whatsoever were necessary in the
prsmises. respectfully submit that the
courts Of the territory as authorized by
the organic act and subsequent acts Of
congress, and as constituted by the legis
lative assembly under said acts, are open
to any persons aggrieved or considering
themselves aggrieved by me or to Mr..
Dndrow, acting in behalf Of any such per-
sons, and that the statutes of the terri
tory provide the methods by which any
persons considering themselves aggrieved
by any action of mine, such as are at
tempted to be specified in these charges,
shall obtain redress, and ! respectfully
request that if in the opinion of your
self the acts com planned Of (even if ad-
mitted) are of sufficient Importance to
justify action, the charges be referred to
the proper tribunal, that is to say, the
grand jury of Santa Fe county.
However, as the contents OF the charges
made against me have been made public
through the columns Of the press for
your information and for that of the
public generally, I desire to enter a
specific denial Of the charge contained in
the second specification to the effect that
/ arrested and incarcerated and at any
time used any illegal or unlawful means
whatsoever to secure the votes OF the
parties named in such specification for
any candidate or candidates whatsoever.
As ~ tho oltarDes in the third sn0cif