Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1905-10-09
Makes Complete Surrender TO
Court and Turns Over
Jail Paraphernalia
Judge Abbott Issues Order Purgirs Him
from Contempt, Releasing Him and
Allowing HIM Hearing on
Merits Of Case.


OF Bernalillo county decided Saturday
afternoon that defiance OF the orders
Of Judge Ira A. Abbott was not profit.
able. that staying in Jail was not
pleasant and accordingly he appeared
in court with his attorneys about )
O'Clock, made complete surrender OF
all the records and paraphernalia
mentioned In the order OF the court
and was set at liberty. In so doing,
however, Mr.. Hubbell expressly stip-
ulates and Judge Abbott recognizes
the stipulation, that the surrender
shall in no way affect the status Of
the matters at issue between the
recognized sheriff, Perfecto Armijo,
and himself. and will not In any way
interfere with the trial OF the cause
on its merits.
Hubbells attorneys will now bring
quo warranto proceedings to test the
right of Armijo to hold the office
and Judge Abbott will hear the cause
this week. The matter will then
doubtless go to the supreme court Of
the territory and later to the supreme
court Of the United States.
Judge Mann's famous writ OF pro-
hibition, figured not at all in the case.
Judge Abbott was served with the
writ Saturday, just before the court
closed at noon and promptly disposed
Of 1t thy putting 1t carefully in an IN.
side pocket. where he doubtless
quickly forgot It. As the writ was in
tended to prevent Judge Abbott from
proceeding any further in the matter
Of the contempt proceeding, 1t was
suggested that II effective at all II
would only prevent the Judge from
letting Mr.. Hubbell out Of jail. How
ever, the Judge didn't take that view
and after Mr.. Hubbell fully obeyed
the court order, he issued the follow
ing process:
Judge Abbott's Order Of Relsass.
In re Thomas 8. Hubbell.
The court having caused Thomas 8.
Hubbell to be brought before It, w. B.
Childers and r. B. McMillen, attor-
neys for said Hubbell. being present.
and II appearing to the court that Per-.
fecto Armijo has taken forcible pos
session of the jail. prisoners and room
occupied as a sheriff's office In the
county court house, and the said +. 8.
Hubbell under duress and protesting
that the court has no Jurisdiction to
make said order. delivers the property
| pertaining to said office Of sheriff
now remaining under his control, to
said Perfect0 Armij0, and further
protesting that such action shall In
no way affect his rights or change his
status in any other proceedings now
pending in any Of the courts or here
after to be commenced.
| 1t is therefore ordered by the court
that said Thomas 8. Hubbell be. and
he hereby is discharged from custody;
and so far as 1t Is within the power Of
the court SO to order, that this pro-
ceeding shall in no way affect his
rights or change his status in any
proceeding now pending in any court
or to be hereafter begun relative to
said office ~
October Z, 1905.
The order of the court. by which
the former sheriff ceased to be the
star prisoner In the county Jail, fol.
lowed an hours hearing in chambers
after the end Of the usual working
day, when w. B. Childers and A. B.
McMillen. appearing for Hubbell, con,
sented to surrender the sheriffs r.
flee pending the trial Of the case
upon Its merits. The effect is to place
Armiio I'm full control of the office,
until that time. neither Of the claim
ants surrendering any Of their rights
for any pending or future proceed.
ing.
IL was about half past five when
Deputy Sheriff Fred Heyn was called
on and dispatched to the county jaiI
after the prisoner His appearance in
chambers was followed almost i'm.
+, mediately by the issuance Of the or
| der shortly before o'clock. The
former sheriff returned at once to
his home and fireside. from which
he has been separated for eight
days. Later in the evening his famil..
lar face was seen In the vicinity of
Railroad avenue and Second street.
where he accepted the congratula.