The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-07-19

cent, and thereby hangs a tale. Mr.
Vincent, it appears, was at one time
companion prisoner with Governor
Otero in a New Mexican Jail.
To begin at the beginning, when
General Grant returned from his fa-
nous trip around the world he was Of
fered the position of president of a
mining company, which claimed to own
mine, called by Americans the Big
Copper, in New Mexico. For the posi-
ton of Notwithstanding his name to
the enterprise, practicaly-he was ten
dered salary of $50,000 a year. Cen
eral Grant declined. The corporation
had been organized by company COM
posed of New York and Boston capi-
talists, who had surreptitiously obtain
ed control of the property. 1t was sit
uated on a tract of land which had
been granted by the king of Spain to
Governor Otero's grandfather and
uncles. 1t was called by the Spaniards
and Mexicans, Nuestra Sonora de los
Dolores (Our Lady of Sorrows). 1t had
been worked by Governor Otero's an
cestors under the king of Spain, the re-
public of Mexico, during the empire of
Yturbide, and under the United States
government, after it had obtained pos
session of the territory.
INJUNCTION LEADS TO JAIL.
The capitalists who had endeavored
to persuade General Grant to take the
presidency of the company were work.
ing it and taking considerable quanti-
ties of copper and gold out of it. Gov
ernor Otero, his brother, Page B. Otero,
Mo
piled for an injunction to the then chief
justice of the supreme court of New
Mexico, Samuel B. Axtell, to restrain
the company from operating the mine
pending the trial of an ejectment suit
brought by the OterOs. But Chief JUS
tice AXtell, as was charged at that
time by the Oteros, former Judge Vim
cent and Others. corruptly refused to
grant the injunction.
Mr.. Nincents connection with the
matter was because he was admins
traitor of the estate of Governor Otero's
father and guardian of Governor Of
eros sister.
Feeling that they could not obtain
justice from Judge Axtell Mr.. Vincent
and the other lawyers for the estate
advised Governor Otero to take possess
sion of the mine by force if necessary.
a band of 100 armed men was organ
lied. They marched to the mine at
noon one day when the shifts were
changing, took possession of the diff
ferent entries and assumed control of
the property which had been in the
family for three generations. No blood
was split, but as Governor Otero is a
| determined, fearless and resolute man,
40
| necessary to recover his own Mr.. Vim
cent was in the ranks and ready for
the fray.
n day or two afterWard Judge AXtell,
on an ex parte application, without no.
| tiCe to the Otero family, on a bill that
was sworn to on information and be-
lief, issued a peremptory injunction
commanding the Oteros to surrender
possession of the mine to the New
| York and Boston company Acting on
| the advice of Mr. Vincent and the other
attorneys in the case, the injunction
| was ignored.
JUDGE SHOWS SPLEEN.
The result was that the Oteros and
| lawyers Were served with notices to
| appear before Judge Axtell and show
| reason why they should not be punished
| for contempt of court. At the hearing
| of the contempt proceedings were pro-
| pounded to Mr.. Vincent and the other
| lawyers regarding what infoima ton
| their clients had given them about the
mine and what advice the lawyers had
given their clients. The attorneys re-
| fused to reply on the ground that the
| communications were privileged and
| could not be disclosed without their
consent Argument of the case was
| not permitted and the entire party was
| sent to iail.
| Romulo Martinez, the sheriff, has the
| thanks of Mr.. Otero and Mr.. Vincent
| for making their imprisonment as
| pleasant as possible, bue even at that
| the jail was not very inviting place.
| Charges We're at once preferred against
| Judge Axtell and articles of impeach-
ment were filed with congress. The at
| torney general of the United States
made an investigation and decided that
| Judge AXtell had exceeded his author
| ity and that the Oteros and Vincent
| were in the right, and directed that
| they be released from jail and also
| that the Oteros retain the property.
| He also held that the lawyers should
not be compelled to answer the ques-
| tions propounded by the court. Gov
| ernor Otero says they would be in the
Santa Fe Jail until this day before ac-
| ceding to the courts demands.
The case was then taken to the su-
preme court of the United States, which
| sustained the position of the Oteros,
and decision was handed down that
| the property belonged to them. Presi-
| dent Cleveland shortly afterward re-
moved Judge Axtell from the position
of chief justice of the supreme court of
| New Mexico for arbitrary conduct and
| appointed Mr. Vincent to succeed him.
| Thus Mr.. Vincent practically went
| from Jail to the bench which had been
occupied by the man who a little over
a month before had consigned him to
| prison.
REVENGE MADE SWEET.
| But this was not all Governor Otero
| was appointed clerk of the court to
| take the place of the man who had is
sued the writ which placed him be-
| hinr the bars. This made revenge COM
| plete, and the most satisfactory por-
| tion of it was, Mr.. Otero says, that the
| change met with general appreciation.
| He says his jail experience has not been
| wasted, He can more fully appreciate
what those who are imprisoned are
compelled to endure, and consequently
use executive clemency with more dis
erection that If there had been no Jail
| episode in his life.
Governor Otero is 3s years old and
the youngest of New Mexico's govern
ors. He is married and he and his
wife and one child will occupy the old