Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1897-01-02

Francisco Gonzales y Bor-
rsgo, Antonio Gonzales
y Borrego, Lauriano Ala Anno,, f,or
rid and Patricio Valen- ~ Snnran,e
cia, appellants, Conrt m If tbe
VS.. n:l
William P. Cunningham, Nav May;co "
Sheriff of Santa Fe 4''"
County, Territory ofNew
Mexico.
December 81, 1896
Appellants were indicted at the June,
A. D. 1894, term of the district court for
the county of Santa Fe, New Mexico, in
the first judicial district of that territory,
for the murder of one Francisco Chavez.
On the fourth of March, A. D. 1895, Hon
N. B. Laughlin, associate Justice of the
supreme court of the territory of New
Mexico, assigned to the first judicial dis
trict thereof, the regular December term
of the court not having been held, con-
vened "a special term of the district
court for the county of Santa Fe in and
for the first judicial district in and for
the territory of New Mexico," to begin
on March 18, 1895, "for the term of four
consecutive weeks, and for such further
time as in the discretion of the judge of
said court may be deemed proper and
necessary for the disposition of any busi-
ness now pending in said court or that
may come before 1t in the usual course of
business of said court and as provided by
law"
The indictment coming on for trial.
April 90, 1895, the following order was
entered:
N<1~ kbo 10ip hu hor
attorney,J j. H. Crist, esq, and the said
defendants come in their own proper per-
son, attended by their counsel, Catron d
Spiess, and the judge of the court, Hon
orable N. B. Laughlin, considering him
self disqualified from presiding at the
trial of this cause, owing to the fact of
his having been connected with the pros
eoution herein previous to his appoint
ment as judge, resigns the bench to the
Honorable H. B. Hamilton, associate JUS
tice of the supreme court of the territory
of New Mexico and Judge of the fifth ju-
dicial district court thereof; thereupon
the said district attorney, on behalf Of
said territory, and 7. B. Oatron, esquire,
on behalf of said defendants, agree that
no objections shall be hereafter raised in
case the Honorable N. B. Laughlin re-
mains within this judicial district during
the trial of this cause, and thereupon a
jury not having been obtained for the
trial of this cause, the jurors already
called are placed in the custody of the
sheriff of the county of Santa Fe until to.
morrow morning at ten o'clock"
The trial of the case commencing on
that day continued until May 20, 1895,
Al IL lafo 10
guilty as charged in the indictment, and,
motions in arrest of Judgment and for
new trial having been submitted and de-
MED, judgment was entered on the ver-
dict, and defendants sentenced to be exc.
cuted. To review the judgment and sent
ence defendants sued out writ of error
from the supreme court of the territory,
and the Judgment was affirmed, Septem-
Der l, 1896. 46 Pac. Rep. $40. The or
der Of affirmance was set aside Septem.
Der 4, and rehearing granted, and there
upon the territory suggested diminution
of the record and prayed for a certiorari,
which was issued. On the ninth of Sep
tember, Judge Laughlin convened spec
ial term of the district court in and for
the county of Santa Fe, to be begun Sep
tember 81, for the term of two copsecu-
tive weeks, or such further time as might
be deemed necessary, "for the purpose of
hearing and determining all causes that
may be pending in said court, both civil
and criminal, and any business pending
in said court or that may come before it
in the usual course of business of said
conrt will be taken up and acted upon and
disposed of in the same manner as at q
regular term of said court aud as pro-
vided by law"
On September 20, 1896, in the said
special term, Judge Hamilton presiding,
the motion of the territory of New Mex.
leo for an order directing the clerk "to
make proper and sufficlent entry in the
records of the proceedings of this court
had on the 23d day of April, 1898, of the
arraignment in said court at said time of
the said defendants above named, upon
the indictment in said cause, and of their
respective pleas of not guilty thereto"
came on to be heard, and it appearing to
the court from evidence adduced, the rec.
ollection of the presiding Judge, and GER
tain notee and mem oranla denoaited vith