Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1898-05-19
TUCKER HELD TO BAIL.
Albuquerque Ditch Case Brought to
Santa Fe County on Change Of
Venue--M Mary Mining q
Smelling Company's
Injunction.
Attorneys in staab Injunction Oase-Mlnol
Court Notes.

A. w. Shidler has brought suit to set
aside the foreclosure on property OF +.
W. Shidler ct al, all OF San Juan
county.
Florence r. Corbett has been granted
a decree of absolute divorce by Judge
McFie from John Corbett, on the
grounds of abandonment. Both parties
reside in San Juan county,
Chief Justice Mills has rendered a
decision in the hearing OF Thomas
Tucker charged with the murder OF
| Hipolito Vigil In Santa Fee in 1894, hold
ing defendant to bail in the sum OF
So, 500 to appear before the next grand
| iury in Santa Fe for examination,
holding that there was evidence OF the
probable guilt of defendant.
In the injunction case of A. Staab
versus the Board of ~Penitentiary Com
missioners and certain, successful DID
ders, Messrs. Lafayette Emmett, District
Attorney G. A. Spiess and Hon. c. +.
Easley represent the board of peni-
Tertiary commissioners, A. A. Jones,
ESQ.,, of Las Vegas represents Gross,
Blackwell a. Co, and E. A. Fiske, Esq,
represents Arthur S%eligman.
In the Injunction case of the Mary
Mining and Smelling company OF
Cerrillos against r. Y. Anderson ct al,
wherein Judge Parker has granted a
temporary injunction restraining An
derson ct al from working the Modoc
group of mines in the Organ mountains
and has appointed Thomas Brannigan
as receiver Of the property, the matter
came before Judge Parker at Silver City
on Tuesday last. The defendants
desired the Injunction dissolved and the
receiver discharged. After hearing
some of the testimony and points in thu
case the court continued the injunction
in force and kept the receiver until
final hearing of the matter. the date TO,
which has not yet been set. Judge 5
b. Newcomb appeared for the Mar.
Mining & Smelling. company ant
Hon, /. B. Catron for Anderson ct al
The case of the Albuquerque Lane
e. Irrigation company VS.. L. c. Gu
tIerrez ct al, involving the right to buil'
the low line canal and take water iron
the Rio Grande, came up for a hearing
before Judge Crnmpacker at Albuquer
que Yesterday morning. The defendants
having given notice that they woul'
apply for a change of venue, p%resente'
afidavits signed by a large lumber 0
well-known citizens, alleging q state o
public opinion to exist in Albuquerqu!
which prejudiced their rights to a fail
and impartial trial by the court.
} The plaintiff filed objections to tn
suficiency of the motion for d chang
of venue and commended that under tn
) statute the court was powerless to gran
( a change OF venue for the reasons a:
r signed in the motion. The court hel
otherwise and the plaintiff then file
counter afidavits, signed by the dire
tors of the company, which, while the
!. admitted tho unanimity of publ
opinion in favor of the ditch, state
that the merits of the case were
palpablo that no other conclusion coul
be reached. The court held the motto
:. of defendants we'll taken and that the
were entitled to a change Of vent
y under the statute. The court the
suggested that the parties agree upon
= place where the cause might be take
but as they could not agree, the cou
made the change of venue to Santa \
county. A transcript OF the case wi
l. ordered transmitted to the Distri'
IS court here within ten days so as
d expedite the hearing.