Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1905-05-08
STRENUOUS TERM OF COURT
Lincoln County Session Closes After
Dsposing of Large Number of
Civil and Criminal Cases.
,pecial TO the New Mexican.

| Special to the New Mexican.
Lincoln, N. NJ, May S.-The spring
term of the Lincoln County district
court which has been in session since
the second Monday in April adjourned
on last Saturday. 1t has been siren,
| uous term in the amount of work done
and the number of cases, both civil
and criminal, which have been dis
posed of and cleared from the dockets,
while at the same time the expendi-
lures have been kept down to the min
imum The sum of $500 will cover
| the expenses, including ten days of
| grand jury service, with twenty-nine
indictments and twenty-three no true
bills, an arson case, with it's special
venire, and a murder case, with its
| two special venires. At the beginning
of the term, Judge Mann ruled that all
civil cases calling for jury would be
compelled to pay for the same, and as
a consequence many civil matters
| we're heard before the court, both par.
| ties waving the jury in open court.
No time has been recklesSly wasted,
as the short recesses and night ses-
sions will bear evidence, and as con-
sequence what would usually be con.
sidered six weeks work has been dis
posed of in four, with equally substan-
| tial results and considerable hus-
banding of revenue. The attorneys
and other officers of the court, as well
as the public generally, commend In
| the highest words of praise the broad
| minded and courteous presiding Judge
Associate Justice Edward A. Mann.
His capacity for clearing the dockets,
his unprejudiced rulings and his faif
| and impartial treatment of all con-
| cerned, has won afresh for him the ac-
| acknowledgements of the members of the
| bar.
Twenty-seven criminal cases have
been finally disposed of, ten taken a
change of venue to Otero County, and
few continued. Some twenty civil
cases have been finally adjudicated
The Analla arson case, coming on
! this term for it's second trial, with j.
E. Wharton for the prosecution. and
| U. S. Bateman for the defense, occu'
pied nine days of the courts time and
resulted in no verdict.
John Eaker, who pleaded guilty OF
larceny, and Bonifacio Baca, who like
wise pleaded guilty of larceny will be
taken to the Santa Fe penitentiary.
| The Rosario Emilio murder case,
which has been occupying the atten-
ton of the courts since Monday last,
has created intense interest, as. from
the testimony, it was certainly one of
the most brutal murders consumated
in this county for many, many years.
The prosecution was represented by
Attorney General Prichard and Special
District Attorney J. F. Bonham, while
| the defense was In the hands OF
| George B. Barber, of this place, and
R. P. Barnes, of Silver City. On We'd
nesday afternoon the arguments were
made, Attorney General Prichard op'
ening for the Territory. He spoke In
his usual logical, and eloquent man
ner, and carried conviction with his
every word and sentence, while the
big audience, packed in the court room
| like sardines, maintained absolute
quiet during his two hours Of forensic
appeal Messrs. Barber and Barnes
made strong arguments for the acquit
al of their client, and in closing for
the Territory ]. F. Bonham added
| l., To hic qIQrf
and tireless attorney
The arguments of counsel occupied
four and one-half house, which were
followed BY the courts instructions to
the jury. 1t was 6:10 o'clock when the
bailiffs escorted the jury to its room,
and after celebrating for one hour
and forty minutes, the jury returned
into the court it's verdict, which found
the defendant guilty of murder In the
first degree, as charged in the indict
ment. The defense is preparing G
motion for new trial.
After hearing the arguments upon
the motion for anew trial and due con
sideration of the points advanced
Judge Mann declined to grant the mo
ton and sentenced Emilio to be hang
ed in the town of Lincoln, on Friday
June 2, 1905. A motion was made by
defendants attorney to allow an ap
peal to the territorial supreme court
which was granted. An order for
stay of proceedings was entered and
pending the decision Emilio will be
confined in the peuitentiary at Santa
Fe, as the jail at Lincoln is unsafe
and it is feared that the prisoners
friends will attempt rescue.
Colonel w. H. H. Llewellyn, U. S
!. district attorney, was here three ol
four days, looking after legal matters
He left for Las Cruces Tuesday lest