Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1906-02-21


Did Not Have the Price.
While this will be the main conten,
ton, it Will be also brought out that
because Conley did not have the
price to pay for transcript of the
evidence, the Territorial Supreme
Court did not review the testimony. but
that another man in the same circum.
stances, who would have had the
price, would have been granted this
legal privilege. This is argued to be
against that clause of the Constitution
guaranteeing equal protection Of the
laws tG every citizen
Another Point.
AS a third constitutional point. il is
shown that the record brought up to
the Territorial Supreme Court did not
show that a change of venue was
granted. and yet Conley had commit
ted the crime in Taos County and had
been indicted in that county, and still
was tried in Santa Fe County. The
Constitution guarantees a trial in the
county and by Jurors from the county
in which the deed was committed.
The Principal Point.
The language question, however, is
the main contention, for it is asserted
that even in China and in Turkey
American citizens are guaranteed trial
by an English speaking consular court
and that a conviction like Conley's in
Mexico would lead to diplomatic repre-.
sentations on part Of Uncle Sam. OF
course, this discussion will not do New
Mexico much good and will give a
wrong impression, but Conley's case
has aroused many people and while
they cannot save his neck, yet, they
assert they will prevent the recurrence
|of similar occurrence.
Petition For Communication.
Judge John r. McFie, the trial Judge
was among the many influential citi
zens who asked for communication of
sentence for Conley. Governor Otero
favored such commutation and would
have granted it but was superseded
in the meanwhile by Governor Hager
man. A. Fl. Reynolds, of Las Vegas
wrote a letter on Conley's behalf as
also did prominent business men and
clergymen of Pittsburg, Pennsylvania
Minneapolis and Denver. The prose
cutting district attorney, Alexander
Read, signed petition for commuta
tion, but afterwards, for some reason
or other, withdrew his signature. There
were many others who asked for ex.
ecutive clemency or at least reprieve
until the legal points raised could be
passed upon by the Territorial Sn
preme Court, but in vain.
conIeys Life.
Conley was born September l6,
1S49, at Albany New York. When
only Is years Of age he enlisted in
Company f, 95th Pennsylvania Vol.
unteers, and wore the "blue" at the
taking Of Richmond, at the battles of
Five Forks and Sailors Run and at
the surrender of Lee at AppomatoX
court house. He was honorably dis,
charged at Camp Cadwalader, Phlla'
delphia. In 1876 he enlisted in the
Third U. S. Cavalry and for five years
saw strenuous service against the In
dians on the frontier under Generals
Crook and McKinsey, most of his en-
listment being served In Nebraska,
Wyoming and Colorado. He enlisted
as private, became corporal and was
mustered out as ranking sergeant. He
settled in Colorado, where he was
elected constable at Elyria and served
as deputy sheriff at Denver in the
court of Judge F. d. Morse, now OF
Santa Rosa, and Judge Oliver B. Lin.
dell, still at Denver. In 1879 he came
to New Mexico and engaged in pros.
pecting and mining in the Red River
District, Taos County. Conley was
never married. He has lost track OF
all his relatives. One brother, Charles
was railroader, and was last heard
from in Dayton, Ohio, in 1887. A sis
ter, Mrs. John Bacon, was last heard
from In New York City in 1890, on the
eve of her departure for Australia. A
second sister, Mrs. William Richards,
was last heard from in Chicago in 1884.
Thus all alone, deserted by relatives
and apparently by his friends, John
Conley in a small steel cage at Taos
is awaiting his doom, bitterly protest
ing his innocence.