Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1903-04-25
LETTER FROM WASHINGTON.
Special Correspondence.

OF the real nature OF the hight. Stronl
effort has been made by the Mcmillan
forces In New Mexico 20 belittle the
contest by an effort to make il appear
that II Ia merely conflict between Nc
MILAN and Judge Freeman. II seems
that Judge Freeman Is not candidate
for the Place. and although II has beer
made manifest by the bar of New Mex
leo that he Is their choice for Judge OF
the Fifth judicial district he has per
sistently declined to allow his name Ia
be used In connection with the place
II is not known whether he would &C.
cept the office, II II were offered him
though he has never said he would
not
His position Is simply this That
Judge Mcmillan Is not a proper man
for the place, and he ought to be re.
moved and the president left free to
appoint any one whom he may select.
Your correspondent notices in dis
patch recently sent out that he was
made to say that petitions and affida.
Wits in behalf OF Judge Freeman we're
the inquiry anyway. II should have
read that large numbers Of petitions
and affidavlts in behalf of Judge Nc
MILAN were filed; that Judge Freeman
was not present at the hearing
The true situation here may be sum.
med up as follows: Some time in Jan.
uary Judge Mcmillan was peremptor.
ttxya I.A 40. L.. IL. .l,F-
charges which had been pending here
for a long time He came here In the
latter part of February or in March
and fled an elaborate written answer,
accompanied by voluminous letters,
The purport of which are unknown to
the public. II seems that his defense
was not altogether satisfactory. where
upon he asked to be heard orally be-
fore the attorney general. which was
granted. About this time the attorney
general was preparing to take vaca-
ton In the way OF trip to Florida.
He told Judge Mcmillan that he would
hear him orally Immediately upon his
return from Florida. about the first OF
April. II Is to be observed that about
that time also the president was pre-
pairing for an extended tour Of the
west. Judge Mcmillan took advantage
Of the situation to hasten back to New
Mexico and prepare to enter upon the
spring term Of court, having directed
the calling of juries for the Carlsbad
term. which was to commence on the
30th day Of March. Thereupon a large
number Of the best people Of Eddy
county fled In the department OF JUS
tice a vigorous protest against allow
ing Judge Mcmillan to hold any other
courts until he had answered the
charges against him. In the meantime,
the attorney general having returned
from Florida. summoned Mcmillan to
appear here In accordance with his
own former request to be heard. and
thereby prevented holding further
courts. He thereupon returned to this
city and had his hearing before the
attorney general. being accompanied
by his lawyer. Mr.. Milburn. OF Buffalo.
and by his friend Secretary Root.
What took place at the hearing the
public does not know. No outside per.
sons were allowed to be present.
What the public does know, however,
Is this. to-wit: That the evidence dis
tory to Judge Mcmillan that he asked
still further time In which to get add |
tional testimony. Notwithstanding |
that the charges against him had been
pending for more than a year. and that
repeated demands had been made up
on him to answer them, his request for |
additional time was granted. and for |
the second time he was allowed to go |
back to New Mexico to get more am. |
davits or petitions.
Your correspondent does not mean |
to say that the department Of justice |
desired to assist him to make his de- |
tense. but under pressure Of powerful |
political influence. superinduced no
doubt by desire TO afford him every |
possible opportunity to vindicate him
self. II has extended and is still extend
Ing to him extraordinary indulgence.
II is understood here that Judge Nc.
MILAN is taking advantage OF the ex.
>'hes'h VI MS eaahiN " FApNha0 0haOio'
ments that have no relevancy to his
case, The department IL advised that
he has some attorneys in New Mexico
who are endeavoring TO make II appear
that he has the sympathy and respect
Of the people there. II just as well
may De said that not particle OF
doubt is entertained by the depart.
nent OF tho truth Of the charges
against him. They have been clearly
md satisfactorily proven and sooner
Or later Judge Mcmillan will be com
pelled to resign.
The effort upon the part OF Judge
McMillan's partisans to make II appear
hat II is a fight between him and
Judge Freeman has been a failure.
For nearly two months Judge Freeman
las been here making a fight for the
people OF New Mexico He does not
'ermit his friends-of which he has a
treat number In this city--to urge his
,wn appointment. II is matter OF in
Inference to him, and in fact, II is un-
lerstOod here that he is p,essine the