Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1905-10-08
Former Sheriff Turns Over
Office TO ArmijO.
RELEASED FROM JAIL AFTER
COMPLYING WITH COURTS ORDER
Writ of Prohibition Fails to Figure In
Proceeding by Which County
Jail Loses Star ~
Prisoner. N

Full and complete surrender by
Thomas $. Hubhell OF his position In
opposition to the orders of the district
court; carrying with it equally full and
equally complete surrender OF all
property pertaining to the RernalIllo
county yherlffs office to Perfecto Ar
MILO, the governors appointee. marks
the end Of the first chapter OF the
rather interesting story OF the sweep
ing changes made in Bernalilo coun-
~ official circles by the governor on
the Slst of last August.
Pending the trial Of the title to the
office upon its merits, Hubbell has
turned over the sheriffs office and all
ITS property TO Arnijo. He has purged
himself Of contempt Of court for which
he was sent TO the county Jail week
ago last Friday by Judge Ira A. Alb
bott. He was released from Jail yes
terday afternoon at 5:45 o'clock on
Judge Abbott's order, after his attor-
neys had agreed to turn over to Ar
milo all property of the sheriff's office,
not already in the hands of that off,
cial.
Judge Abbott's order of release was
IN no way connected with the writ of
prohibition Issued against him last
week by Judge +. A. Mann. and seek
ing TO prohibit the former from en-
forcing his order of eight days ago. by
which Huhhell was directed to turn
over the Jail and sherin's office to Ar
milo. The writ of prohibition figured
not az all In the formal action taken
by his attorneys TO secure Hubbelfs
release from custody yesterday after
noon. Huhbelrs attorneys while hold
ing that Armiio has taken possession
lt the Jail and the sherlff's room by
orce. consent for their client to turn
over all property pertaining to the Of
lice not already held BY Armiio; the
terms constituting complete surren-
ler OF the claims 20 sasfain which they
allowed the former sheriff to go to
Jail. and 10 remain in durance vile for
i week pending the attempt for and
faiiure Of the proceeding for habeas
corpus
The mll text of Judge Abbott's order
Of release follows:
Judge Abbott's order of Release.
In re Thomas s. Hubbell
The court having caused Thomas $.
Huhbell TO be brought before &, w. b.
hilders and a. y. McMillen, attor-
neys for said Hubbel. being present.
md it appearing to the court that Per-
recto ArmIio has taken forclble pos
session of the Jail, prisoners and room
occupied as a sheritf's office In the
ounty court house. and the said T. :.
Hubbell under duress and protesting
hat 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
Perfecto Armijo and further protest
ing that such action shall I'm no way
tffect his rights or change his status
in any other proceedings now pending
n any OF the courts or hereafter TO be
commenced.
II is therefore ordered by the court
that said Tomas $. Hubbell be. and he
hereby is discharged from custody:
md so far as il Is within the power of
he court So TO order, that this pro-
'eeding shall In no way affect his
rights or change his status I'm any pro-
ceedng now pending IN any court or
to be hereafter begun relative to said
office.
October 7th 1906.
The order of the court, by which the
'ormer sheriff ceased to be the star
prisoner IN the county jail, followed an
hours hearing In chambers after the
md OF the usual working day when
w. b. Chllders and A. b. McMillen.
appearing for Hubbell, consented TO
surrender the sheriff's office pending
lie trial Of the case upon It's merits.
The effect is to place Armijo In full
control of the office. until that time,
neither of the claimants surrenderng
my OF their rights for any pending or
future proceeding.
II was about half-past five when
Deputy Sheriff Fred Heyn was called
and dispatched to the county jail
a.. In
hambers was followed almost imme-
lately by the Issuance Of the order
which was nyade a matter or record
hortly before six o'clock. The for
uer sheriff returned at once to his
lome and freslde. from which he has
leen separated for eight days Later
u the evening his familiar face was
zen In the vicinity of Railroad avenue
nd Second street where he accepted
he congratulations of his friends upon
lis return TO the open air.
Writ Of Prohibition Appears.
In view OF Hubbell's surrender OF
he sherIf's office TO Armijo. specu-
ation arises as to Just what is to be-
ome OF Judge Mann's writ Of prohIbi-
Ion forbldding Judge Abbott TO en-
'oree the order for the surrender OF
he jail and records II seems, In the
opinion of most OF the attorneys who
nave followed the case, to be writ
without mission. andlit Is likely TO
hecome merely an incident In some-
what exciting proceeding.
The writ was presented 10 Judge
Abbott yesterday at the noon hour.
,ust after he had adjourned the court
for the noon recess. The writ was
landed to Judge Abbott by George A.
iSaseman. chief deputy In the United
states marshars office. Mr.. Kaseman
lid not act IN his official capacity. but
asa disinterested party.
The court placed the writ carefully
n his pocket and went down stairs.
lie showed no disposition to allow Il to
disturb the orderly progress OF the
business OF the court and The writ did
not appear again IN the records Of the
lays proceedings except IN the form
4 the following motion which was Ill
ed early IN Hhe afternoon by counsel
'or Ilubbel:
I'm the matter Of Thomas $, HUB