The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1906-04-28

and could not be located by the Uni
ted States officers. About fourteen of
| them testified in the case 1t was the
dence that Major Llewellyn had urg.
ed the importance of finding indict-
ments. Some of them testified that
the u S. Attorney was as strong in
| his urging as the defendants claim
Some of them did not Major Llew-
ellyn's claim is that he used no un-
due influence and said nothing that
the law does not allow him to say
before a grand jury.
The court in it's instructions told
| the jury that if they believed from
| the evidence that said remarks, or
any of them, had been made to the
grand jurY- that the same in effect
constituted gross misconduct on the
part of the Z. S. Attorney and that
in that event, the only remaining
question for the jury TO consider was
whether the remarks of the u s. At
grand jury and were the producing
indictments subsequently returned by
the grand jury, being fourteen in all
and that if the jury should find that
such remarks were the producing
cause of the findings and return of
the indictments, then the jury should |
find the issues in favor of the defend |
ants in each and all of said cases. |
or in as many as We're so affected.
The government was represented |
by Major Llewellyn himself, Hon. |
E. l.. Medler Assistant U. S. Attor- |
ney, and Hon. L. S. Bateman The |
defendants were represented by |
Judge A. NJ Stevenson, of Denver |
Hon. ]. NJ. Hervey. Hon. G. A Rich |
ardson and Judge w. w. Gatewood |
of Roswell, New Mexico,
For the government Mr. MedIer
and Mr.. Bateman both covered the |
case and evidence completely They |
made able speeches. taking turn, al |
ternately with the speakers for the |
defense.
Judge Stevenson presented the law
VI lne cases III very dDie ulannef
and with his usual terseness and |
force of expression Mr. Hervey in |
his address to the jury presented the |
facts of tie case with singular clear
ness and in a convincing manner.
The closing argument was an ex-
ceptionally strong powerful and i'm
passioned appeal in behalf of rfefen-
dants and of justice made by Judge
Gatewood, after which the jury DELHI
Grated but few minutes before
reaching verdict.
The case was placed in the hands
of the jury at nine O'Clock last night.
The report was made when court op-
ened this morning.
Meaning of the Verdict.
The verdict of this jury, finding
the issues in favor of the defendants
upon their plea in abatement, which
abates all of the twelve indictments
returned by the grand jury at the
October. 1905, term, against the Tall
madges and others, means delay in
the actual trial of the cases. A no
tice of filing a motion for a new trial
upon the plea in abatement was i'm
mediately given by the government
this morning after the reading of the
verdict, and if a new trial is not
granted, an appeal will be asked for
the government attorneys say or a
writ of error sued out to have the
issues of the plea in abatement pass
ed upon by the Supreme Court.
In the meantime. four new indict-
ments have been returned by the
grand jury of the present term of
court, covering the same alleged vio
lations, and will take their regular
course Independent of any action on
the indictments abated The defend
ants in the new indictments are B.
H. Tallmadge, charged with perjury;
B. H. Tallmadge, charged with sub
ornation of perjury; and two indict-
ments against C. L. Tallmadge F.
R. Tallmadge, B. H. Tallmadge, J. H.
McKinstry and C. C. Young. charg
ing them with conspiring to defraud
the government, all in government
land settlement
The defendants in the new indict-
ments were arraigned this morning
and were granted time until Tuesday
morning TO make a plea.
What c. l. TaIImadge Says
Said G. L. TaIlmadge to a Record |
reporter today regarding the verdict:
Il consider it not only great victory /
for we defendants. but / also consider
it conviction of W. H. H. Llewellyni