Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1904-02-16
THE CASE OF
A. TRUJ|LL0
Governor 0tero Declines to Honor
the Requisition Of the Chief
Executive of Colorado.
TWO LEGAL OBJECTIONS
No Indictment Nor an Affidavit Made
Before a Magistrate Accompanied
the Papers.

Governor OterO has declined to hon.
or the requisition of the Governor of
Colorado upon the Governor of New
Mexico in the case of Armando Trujil-
10 of Lumberton, New Mexico, and has
sent official memoranda in the matter
to the Governor of Colorado. The de-
cision is very interesting and gives the
reasons and points for Governor
Otero's action in detail. His decision
| is certainly supported by the extradi-
| ton laws of the country and based
strongly upon law points and the tes.
timony adduced, pro and con, in the
case. The memoranda reads:
In the matter of the reQusition of
the Governor of Colorado upon the
Governor of New Mexico for the ren.
dition of Armando TrujiIIo.
The above requisition was presented
to me on the fourth day of February,
1904, by Charles A. Johnson, an attor.
ney Of Durango, Colorado. Applica-
tion was made for hearing by A. r.
Mollette and j. H. Crist representing
Trujillo, who resisted the requisition
upon the ground that the requisition it.
self did not comply with the United
States law on the subject of extradi-
tion and the questions of fact involved.
Affidavits were filed by Mr.. Johnson
for the requisition and by Mr. Mollette
for TrujillO as to the facts, and briefs
on the law were submitted by both
nj yyh nh LnI
earnest consideration and attention.
While it is admitted that the honoring
OF requisition rests in the sound
Judgment and discretion of the Cover
nor upon whom the demand is made,
yet comfy as we'll as the law presumes
that this judgment and discretion
must be sound legal discretion based
upon law or facts. or both.
The legal objection to the requisi-
ton is that there is no indictment ac-
companying the same ''or affidavit
made before magistrate" as required
by the act of Congress, section 5278,
R. S., and contends that an informa-
tion is not equivalent to an Indictment
citing Elk Parte Hart, 63 Fed Rep. 249.
The papers attached to the requisi-
ton of the Governor of Colorado show
first: An information by James A. Pull
liam, district attorney, filed in open
court, based upon an affidavit of Jose
B. Martinez who swears "the facts
stated in the foregoing information are
true, and the offense therein charged
was committed of his own personal
This affidavit being
taken before the clerk of the District
Court, and upon this information and
affidavit appears the endorsement of
the judge of said court as follows:I
Presented in open court this 18th day
Of January, 1904, by James A. Pulliam,
district attorney, and thereupon leave
Is asked to file the foregoing informa-
ton, and the court being advised doth
grant leave to file the same James
L. Russell, Judge"
This is not at all the sort of an in
criticized in the Hart case
above cited, which was simply an in
in the ordinary form upon
Information and belief" In that case
1t the bottom of page 259 the court
says, For the purposes of an affidavit
% be used for the arrest and removal
If fugitive from justice, this is not suf-
icient. The affidavit required in such
.ases should set forth the facts and
relied on to prove the
rime under the oath or affirmation of
ome person familiar with them, whose
relative thereto justifies
he testimony as to their truthfulness,
nd should not be the mere verification
+ court paper by public official
rho makes no claim to personal infor-
nation of the subject matter of the
ame. In this case there is not only
he positive affidavit of Martinez as to
he commission of the offense, but an
dditional one by him setting out the
acts and circumstances attending the
rime and the fleeing of Trujillo from
ne jurisdiction of Colorado, which
wo affidavits take this case out of the
uling in the Hart case cited above, but
is insisted that these af1idavits be-
lg sworn to before the clerk of the
ourt We're not "affidavits made before
magistrate" While it is not contend
that clerk of court is magis-
ate. yet the records show that this
hole proceeding was held in open
ourt in the District Court of Archu-
ia County. Colorado, which is a court
record and of general Jurisdiction,
the presence of the presiding Judge
lereof who was a magistrate. The af-
davits of Truiillo and Mr.. Mollette
is attorney, both state: when the in
,rmations were filed in open court,
istrict Judge James L. Russell re
arked that "the case looked to him
cry much like an attempt to use
'iminal process to enforce collection
debt" He. however, allowed the
Continued on PaoA SevAn