Albuquerque morning journal., 1907-07-02

| was denied that right by the re-
luirement of the attorney general /
that the defense would be proceeded |
with only in the manner and along |
the lines indicated by him, which. by |
reason of the limitation as to witt |
nesses, scope of testimony making up |
of the record, eta, amounted to de-
NAL Of my right to be heard in de- |
fense; and for the further and final |
reason that / have given a surety |
company bond in the sum of ten thou
sand dollars, under which l am re-
sbonsible for the moneys, property,
books, etc, of the institution, | am
entitled to have fun and complete
inventory of such property made upon
which to base proper receipts for said
property, to the end that my bond
may be released from liability, and
that this cannot be accomplished
without much work and time, and
which when completed, should have
the sanction and approval of the
board of penitentiary commissioners.
Wherefore, | decline to honor your
commission until my rights under the
law have been accorded me by afford
ing me an opportunity to clear my
name and reputation of the unjust
GH9TEBS
proper order of mandanus of the dis
trict court is served upon me, to which
| should be given a right to ~ hearing
that my legal rights may be deter
mined, concerning which under
stand, under American principles,
each man has a right to his day in
court Respectfully yours,
ARTHUR TRELFORD,
superintendent New Mexico Peniten-
tiary
No Opportunity for Accounting,
Captain Trelford was removed from
the prison without having~had any
opportunity to have his books audited
by the penitentiary commission or any
other official who mas II right to do
so, without being given any receipt
| for the public property in his charge
and with no chance whatever to pro-
tect his rights and his accounts.
| Attorney r. Fl. Hanna stated to-
night that he would apply tomorrow
| to Attorney General Prichard for per-
mission to bring quo warranto pro-
ceedlngs in behalf of Trelfofd in the
name of the territory. If this permits
sion is granted the action will be be-
gun at once by Hanna & Kelly, attor-
news. 1t is not believed here that
Prichard will allow the use of the
territory's name in this proceeding, q
matter which rests entirely With shin
under the law To do so wouldialloW
of a hearing of the whole Trelforc
case on its merits in open court
where evidence could not be shut out
arbitrarily and where the whole mer-
it's of the matter would become eX'
tremely public 1t is, therefore, no
considered likely that Prichard VII
allow the action to be brought. If i
is brought some very interesting de
velopments will result.
There is very keen rejoicing to-
night among the Bursum follower
that Trelford is out of charge OF tn,
penitentiary. The report of the ref
cree in the Bursum case Is understood
to be almost ready and this repQGt !
is being rumored will show that tn
territory instead of being short on ac
count Of Bursum's administration, vii
be shown to owe Bursum a consid
|, cradle sum of money.
/ Just how this result is to be brough
! about has not been stated, and tn
report itself lacks confirmation
1t is rumored also that Raynold
l having been advised that the peniter
E tiary commission should have mad
the investigation" of Treiford, whic
: he caused Prichard to make, shoul
= be removed for failure to do so. an
e that he may remove the icommissio
e or several members of it before til
S week is out.