Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1903-04-21
LETTER FROM WASHINGTON.
The Situation In Regard TO tho Judge
D. n. Mcmillan Case.
JUDGE FREEMAN IN THE Fight.

Special Correspondence.
Washington. d. c., April 15.-The
situation here, it would seem, is not
understood in New Mexico, and many
people there have a misapprehension
Of the real nature of the fight. Strong
effort has been made by the Mcmillan
forces in New Mexico to belittle the
contest by an effort to make it appear
that IL is merely a conflict between Nc.
MILAN and Judge Freeman. II seems
ttat Judge Freeman is not a candidate
for the place, and although 1t has been
made manifest by the bar of New Mex.
leo that he is their choice for judge of
the Fifth judicial district he has per
sis tently declined to allow his name to
he used in connection with the place,
Ii is not known whether he would ac-
cent the office. If it 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 a dis
patch recently sent out that he was
made to say hat petitions and affida-
Wits in behalf of Judge Freeman were
offered. He was not connected with
the inquiry anyway. 1t should have
read that large numbers of petitions
and afidavits 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-
fly called upon to make his defense to
charges which had been pending here
for a long time. He came here in the
latter part of February or in March
and filed an elaborate written answer,
accompanied by voluminous letters,
the purport of which are unknown to
the public. 1t 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 a vaca-
ton in the way of a trip to Florida.
He told Judge Mcmillan that he would
hear him orally Immediately Upon his
return from Florida. about the first of
April. 1t is to be observed that about
that time also the president was pre-
pairing for an extended tour of the
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
Both day of March. Thereupon a large
number of the best people of Eddy
county filed 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
closed was so extremely unsatisfac-
tory to Judge Mcmillan that he asked
still further time in which to get addi-
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