Albuquerque citizen. [volume] (Albuquerque, N.M.) 1907-1909, 1907-11-23
Mine PROMOTERS HOPE
FOR tIGHTEST
SENTENCE
Still Believe They VIII Secure
New Hearing In the Lost
Bullion Spanish
Mines Case.
JUDGE EXPRESSES
PITY FOR CHILDREN
Tells Defendants That He Has
Never Had so Hard a Question
to Decide Owing to Innocent
Ones Who VIII be
Involved.

Denver, Colo. Nov. 2S.-If a new
trial is not granted them and they
have not the money to appeal the
men convicted of the Lost Bullion
frauds which concern an alleged
mine near silver City, N NJ, have
the remarks made by Judge Lewis
yesterday morning TO give them
hope that they will get of with a
slight sentence. Judge Lewis de-
clared that the defendants them
selves, all intelligent men, deserved
no sympathy, but there were wives
and children who must bear the
brunt of their trouble and for their
sake ,ieniency would have to be con-
This is the most unpleasant task
that / have ever had to face" he
stated when ATTORNEY Franklin con-
cluded his premilinarv argument.
The great burden to me all along
has been what can or should be
done under the tatrs of the case, but
as to the question of leniency. The
defendants are all intelligent men
and there is no excuse to be offered
for them. But J have noticed all
during the trial that women have
been present who are said to be re-
lated to the convicted men. / have
also been in formed that there are
ls children to bear the stigma of
sentence.
Punishment Aust he Slight.
The punishment l have to mete
out to such men under such circum-
stances must ofessrcessity not bear
so much on the ssfect and character
of these defendants wives and chill
dren, but as to my duty and the
burden 1 have to bear. As to the
severity of THE sentence 1 do not
know at the present time. That will
be determined later"
Other statements made by Judge
Lewis In regard to important points
brought up by Mr.. Franklin to the
erect that he was inclined to think
that he had made some of the err
rors claimed also buoyed up the
hopes of the convicted men.
Arguments Concluded
The arguments in the case were
concluded yesterday afternoon and
the court gave Mr. Franklin un-
I'll Dec. 26 to file a brief. He or
dered the defendants to appear in
court on that date.
United States District Attorney II.
Z. Bone. of Kansas. who has been
conducting the arguments for the
government with Special Assistant
Attorney General Knaebel will have
to leave for home today He will
not return. Mr.. Franklin's brief will
be sent to him and he will answer
In brief.
A. e. Knaebles stated yesterday
that II he and his fellow defendants
had enough money they would ap-
peal, should Judge Lewis deny the
motion. +. w. Sebben. it Is said,
Will make no further efforts to gain
his freedom should Judge Lewis de-
eide in favor OF the government but
VIII throw himself on the mercy of
the court.
On Wrong Course.
Throughout the hearing of sever
al days Judge Lewis has pointed out
to Attorneys Franklin and Tedrow
that they have taken wrong steps in
their attempts to show error In a
United States court, and when he
consented to postpone the case he
thoroughly reviewed what may be
considered error in his court, ex-
planning to the counsel that a re- |
pitition OF the line of arguments |
that has been pursued will mean |
waste of time.