Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1906-08-20
LEWIS MYERS
GIVEN FREEDOM
Before United States Commit Issioner
J. p. Victory-Evidence Was
insufficient,

| j. v, VICtoTy--EViucnCe was
insufficient.
After weighing the evidence elected
! in the case Of the United States VS.,
Lewis j. Meyer, Jr, of Las Vegas,
charged with conspiracy with James
King, John c. Waters and others to
injure locomotives of the Atchison
Topeka and Santa Fe Railway, United
States Commissioner John ?. Victory
discharged the defendant, ruling that
probable cause why he should be
| bound over had not been shown. The
alleged conspiracy dates back two
years to the time of the strike of the
union machinists at Las Vegas. Cap
tain David j. Leahy, of Las Vegas, as
sistant United States Attorney, repre-.
sented The governmental the prelimi-
nary hearing, and Attorneys Charles
W. q. Ward and A. T. Rogers, Jr of
Las Vegas, appeared as counsel for
Meyer.
Practically four hours were consum.
ed in the taking Of the testimony as
| There were a number OF witnesses to
be examined. Captain Arthur Trel,
ford, superintendent Of the penlten.
tiary, Captain Fred Fornoff, in COM
mand Of the mounted police of the
Territory Ben Williams and L. c.
Cartwright, special officers employed
by the Atchison Topeka and Santa Fe
Railway. l.. Il. Perry and James Cot
fin, were called as witnesses for the
United States. Meyer testified in his
own behalf and there was no other
witness for the defense.
According to the evidence adduced
at the preliminary hearing, Meyer
was arrested Immediately upon the
receipt of a letter written by King,
who Is now serving a term of three
years in the penitentiary. In this let
ter King made confession implicat-
ing Meyer and threatened to get him
into trouble with others. Meyers was
placed in the penitentiary for safe.
keeping until he furnished bond, and
upon being released on bail was rear
rested on a Territorial warrant charg-
ing him with the same offense.
Captain Fred Fornoff testified to ar
resting Meyer at the machine shop in
Las Vegas on complaint sworn out be-
fore a justice Of the peace OF San
Miguel County. He said he heard
Meyer say to Coffin in a room at the
Castenada hotel, IF you hadn't been
so slow about delivering that letter,
I could have sent it to Waters, but
now we are all in trouble"
Perry, who was foreman of the
Atchison, Topeka & Santa Fe shops
at the time King put emory in the
oil cups of a certain locomotive, testi-
fled as to the damage that was likely
to result from such crime. Special
Officer Ben Williams testified to hav-
ing been summoned to the peniten-
tiary by King and that King told him
he had not had square deal, He
also testified that King made a writ
ten confession duplicating Meyer,
Waters and others. In the presence !
of witness, King wrote the letter al
ready referred to and addressed 1t 10
Meyer. This letter was then deliver
ed to Coffin who in turn handed II 10
Meyer. Williams said that he also
heard Meyer say that he would make !
no statements that would get Waters |
into trouble.
Special Officer Cartright testified
to having heard Meyer say that he
was not going to give any one else
AWAY. if he got arrested he would !
take his medicine. Captain Irelford
told of being present when King ana
Meyer had a talk at the penitentiary'
He had heard Meyer say: "You can't
do ANYTHING with me; didn't dope |
any engines, all | did was to carry |
messages between King and Waters
He had also heard King say to him
"You know he is guilty" and Meyer
had made no answer.
Coffin testified to delivering the
letter to Meyer and that Meyer eX-
pressed regret that he hadn't time
to send the letter to Waters, as now
all of them would get into trouble
Gross examination brought out the
fact that Coffin had been arrested and
indicted for grand larceny for pocket
ing money from the railroad company
that did not belong to him, the mon
ey having been given to him through
mistake by cashier He settled the
case by paying back money together
with the costs and ten days afterwards
was re-employed by the company.
Meyer went on the stand In his own
behalf He swore that he had not
read the letter delivered to him by
Coffin. He acknowledged friendship
with both King and Waters, but de-
MED having admitted carrying mes
sages between them He said he was
union man and had carried news
and messages between various en-
ployes concerning the strike. He did
not deny that he had said before Mr..
Trelford that he had carried messages
but he did deny having mentioned
any names. Meyer told stralghtfor.
ward story which was not shaken by
Mr.. Leahy's rigid cross examination.
Judge Victory, in summing up the
evidence, said that nothing had been
introduced to show any connection of
Meyer with conspiracy, that no con-
cert of action between Waters, King
and Meyer had been shown, and that
none of Meyers admissions in the
matter connected him with the charge.
charge
Last week in the court of a San Mi.
guel County justice of the peace,
Meyer was bound over on a territorial
charge of conspiracy, on the evidence
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