Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1899-10-12
The CONTEMPT CASH.
The Opera House and Joe
BadaraCCO.
The Matter Before Chief Justice
Mills This Morning.
Witnesses Examined ana Verdict
Promptly Rendered.
JOE BApARAcco DISCHARGED.

Promptly at 10 o'clock Chief Justice
Mills took his seat on the bench In toe
district court, where he had bsen ca lsi
by Judge Crumpacker 10 try the case Tor
contempt OF court brought against Joe
Bsdaracc0 by W B. Childers, II. W
Clancy aud EV. Chaves, acting ~ a
committee appointed by Judge Crnm'
packer, to bring said suit.
Judge Mills In few words reviewtd
the facts which brought him TO preside
in Judge Crumpacker's place, aud then
called upon the prosecution TO proceed
with the casa.
| Mr.. Clancy, having bean called 10
Washington, and Mr.. Childers being de
tsined at Las Cruces. on behalf OF the
government In the trial of train rob
bing case, Mr. Chaves several days ago
petitioned Judge Crumpacker for the ap
pointment OF some one TO take the places
OF the absent members OF the committee,
and Judge Crumpacker then gave Mr..
Chaves power 10 name whomsOever would
be agreeable to him. Accordingly Nj.
Cbaves selected MIR. McNillen.
X. V. Chaves and A. X. McMillen ap-
peared for the committee, and q. W.
Johnston for the defendant, Badaracco.
The following witnesses had bsen sub
poenaed and we're In court. A. Viviani,
Tomas Werner, o. W. Strong, p Bada.
racco. Jesus Romero. Don Rankin, Nd.
Dodd. X. W. Dobson and Pasquale Gu
tsnols. After having been sworn, the
witnesses retired to be called when
wanted.
Attorney Johnst IN open ed the case by
| reading the information tiled, aud the
answer thereto. Attorney Johnston stated
that the information filed against the de.
fendant, Badsracco, had not been sworn
&c, and that hs would move the discharge
OF his client. Judge Mills overruled the
motion, stating that he had come here to
hear the case. aud he would waive tech
nical objections and hear the ease.
h. ". D0bs0n was then called TO the
stand and questioned, and he repeated Ia
substance the subject matter OF his all
davit which was published In The DAILY
CITIZEN some days ago aud In which Mr.
Dobson stated that he was informed by
OF ers than his clients that Joe Badaracco
had asserted that he had made arrange
ments that would secure him decision
In his favor In the case OF Joe. Badaracco
vs.. Pertro BadaraccO: that said arrange.
ments were by payment down or promise
OF payment OF money TO persons whose
influence would secure judgment In his
favor; and WAS Informed by others than
his clients also after the trial OF said
case that the defendant had made simi-
lar statements Mr.. Dobson believing
that the circulation Of these reports was
harmful, felt 1t his duty to bring the
matter to the attention Of the court that
the court might take the proper steps TO
sift the matter and determine the authen-
ticity OF snch reports.
In relating the circumstances which
prompted his affidavit, Mr. Dobson re.
ferred 10 several conversations between
hi mself and his clients, Pete Badsracco
and A. Viviani. In the opera house case,
In which his client SAID Joe BadaraccO
had told various parties that he (Joe) had
things fixed for decision In his favor.
His clients kept insisting upon the fact
that they thought their case hopeless be
cause OF the rnmors that Joe Badaracco
had liked things by payment OF money
TO Sheriff Hubbell. who was to use his
influence In his favor. He testified that
they became excited to degree that
suggestion was made by A. Viviani to
call Joe Badaracco's game and go him
one better, by Offering Hub6ell an In
creased amount. He testified that they
hisb Whutcu W htttit tnt Chst Out Ol
court, 80 strong was their belief that Joe
Bsdarscco had things fixed. Mr.. Dobson
testified 10 great many things heard
by him from his clients and others, all
corroborati0g the rumors In circulation
that Joe Badaracco had stated that he
was sure OF winning his case because he
had paid money 10 Hubbeil for de-
cision in his favor, but testified 70 moth.
ing coming directly from Joe Bsdaracco.
The witness was not cross examined by
the attorney for the defendant
The other witnesses were then called.
the irst being Pete Badaracco. brother OF
defendant He denied absolutely that
his brother had ever made any statements
to him about having fixed anyone with
money or otherwise. He had not spoken
TO his brother for q month before the suit
between himself and brother was insti
tuted and these rumors began to be cir
culated.
A. Viyiani was then called. He testi.
Il d that he had never talked with Joe
Badsrscco on the subject. He denied
having stated to D0bson that Joe had said
TO him that he had II fixed. All he knew
was what he heard in the way OF TumOr
on the streets, and that he had c0mmnni-
Gated these rumors to Mr.. DObson.
The next witness was I'd DOdd. He