Santa Fe daily New Mexican., 1897-11-22

the Chaves case:
EXECUTIVE OFFICE,
Santa Fe, N. NJ, Nov. 20, 1897.
Whereas, Jose Chaves Chaves, was
charged by indictment in the District
court sitting within and for the county
of San Miguel and the territory of New
Mexico with the crime of murder in the
first degree, aud sentenced by said court
to be hanged; and
Whereas, Said cause and judgment was
by an appeal of the said Ohaves, taken
and removed to the Supreme court of the
territory of New Mexico, and upon the
hearing of said cause in and by the said
Supreme court, the said sentence and
judgment of the court below was sus-
tained and affirmed and
Whereas, This case came up for final
| hearing before me at the executive office
on the 18th day of November, A. D. 1897
and full and thorough investigation into
| this case was had, and the hearing OF
counsel on both sides; and
Whereas, Recommendation for execu
tive olemenoy in the shape of letters
from three of the associate justices OF
the said Supreme court, before whom this
case was tried, and such associate justices
being as follows: N. O. Collier, H. B.
Hamilton and Gideon D Bsntz; their rec
concentrations being on file in this office.
and which ask for Communication of the
death sentence of the said Ohaves, to life
prisonment; and
Whereas, A number of the jurymen in
each of the trials of the said cause, and
the foreman of each jury In each trial of
the said cause, have filed petition in
this, the executive office, setting forth
the reasons why verdict was given for
murder in the first degree in this case in
the respective trials of the said Jose
Chavea Chaves, and both the jurymen
and foremen of the said juries recon-.
mend that Communication be extended in
this cause.
Now, Therefore, I, Miguel A. Otero,
governor of the territory of New Mexico,
by virtue of the authority in me vested,
and rs above, after careful and thor
ough investigation, do this day commute
the said death sentence imposed by the
said District and Supreme courts of this
territory upon the said Jose Chaves y
Chsves to imprisonment in the terri
torial penitentiary at hard labor for the
term of his natural life; and do direct
that he, the said Jose Ohaves y Chaves,
be taken from his present place of con-
finement, by the sheriff of the county of
San Miguel, N. M, to the territorial peni-
tentiary at Santa Fe, and therein confined
at hard labor for the period of his ma
turel life.
Done at the executive Office, this, the
20th day of November, A. d 1897.
Witness my hand and the great seal of
the territory of New Mexico.
MIGUEL A. OTERo,
Governor of the Territory of New Mex.
leo.
By the Governor:
GEO. Fl. WALLACE,
Secretary of New Mexico.
WHAT THE THREE JUDGES SAY.
H. B. HAMILTON,
Associate Justice of the Supreme Court.
TERRITORY OF New MEXICO,
U. S. District Court-Fifth District,
Socorro, N. M, Oct. 7, 1897. }
John d. W. Veeder, Esq, Las Vegas, N. M.
Dear Sir: Yours in relation to the
| Communication of the sentence of Chaves
received. AS I stated to you in Santa Fe,
| the case was affirmed, as there was no
error in the record proper, aud that as
| there was no motion for new trial con
tained in the bill of exceptions the errors
which arose upon the trial could not be
considered by the Supreme court, and the
case was affirmed upon this ground. As
stated to you there, however, think that
the governor would be fully justified in
committing his sentence, and have so
stated to the governor. I presume you
will get word from Judges Bsntz and
Collier in relation to it.
Yours truly,
H. B. HAMILTON.