Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-09-19
Hearing On Bill of
Exceptions and Re-
frees Report
BEFORE JUDGE PARKER
Full and Thorough Investiga
ton of Convicts Earn.
ings Fund.

| A hearing will be held at Silver
IClty tomorrow afternoon before As.
sociate Justice Frank w. Parker, pre-
siding Judge Of the Third judicial dis
trict, in the case Of Holm o. Bursum
versus the territory Of New Mexico,
which was filed in the district court
of Socorro county Considerable In.
terest attaches in the outcome Of this
case which was instituted by Mr. Bur.
sum for the purpose Of securing
judicial settlement of his financial
accounts containing the convcts earn.
ings' fund while superintendent Of
| the territorial penitentiary.
Mr.. Bursum's enforced resignation
from the management Of the terrtor-
ial prison and the subsequent claim of
an alleged shortage in the penitentiary
accounts purporting to be something
| like $4,000 are still fresh in the
minds Of the reading public of New
| Mexico. This alleged shortage was
based upon an exparte report made by
one Francis NJ Mcmahon, secretary
of the Colorado Title and Trust Com.
pany, of Colorado Springs, an account
ant hired to expert the books by ex-
Governor Hagernan. It has been
charged and with foundation that
the alleged discrepancy in Mr. Bur-
sums accounts while at the head Of
the institution was simply the result
of political conspiracy to ruin the
former superintendent reputation
and to prevent his reelection as chair
man Of the Territorial Republican
committee.
Mr.. Bursum has emphatically Ge-
MED that there was anything wrong
with the finances Of the penitentiary
during the tine it was under his ad-
ministration. He asked permission to
, be present in person or through a rep
resentatiye at the investigation of the
books and accounts of the convicts'
earnings fund, but this was denied.
by Ex-Governor Herbert j. Hagerman
who had ordered the ex-parte and Sc
cret investigation. Finally under
protest he paid into the ter
ritorial treasury part of the money
alleged to be due and began the pres
ent legal proceedings in the district
court of Socorro county to demand a
judicial accounting and a thorough
Investigation in open court.
No Shortage Whatever Exists.
Judge Parker appointed Travelling
Auditor Charles V. Stafford as referee
in the case and Mr. Stafford and his
assistant spent about two months in
going over the books and accounts.
Mr.. Safford's report as referee which
was filed in court some time ago was
an exhaustive one, involving every fl
nancial transaction concerning the
convicts earnings fund during
!! the seven years in which Mr..
Bursum was superintendent of
the prison. Instead of being
short in his accounts as alleged,
in the Mcmahon report the findings
) of the referee charged by the court
fully vindicated Mr.. Bursum of the
stigma of embezZlement. According to
the referees report many glaring dis
crepancies were discovered in the So
called report of Mcmahon.
The territory interposed bill of
to nf
Stafford which will come up for hear
ing tomorrow in Silver City together
with the report of Mr. Stafford. Attor-
lney General Albert B. Fall, Travelling
Auditor Stafford, Mr.. Bursum E. p.
Holcombe, a special agent of the gem
eral land office, who has been in the
: city the past two months. left this af-
ternoon for Silver City to be present
at the hearing.
Attorney General Fall said today
, |prior to his departure he had served
Harg, special assistant to the attor-
ney general of the United States, who
has charge of the present federal land
investigations in New Mexico, that
the hearing in the Bursum case would
take place tomorrow, and he had in
vited Mr.. McHarg to participate in
" the hearing. Mr.. McHarg, it will be
remembered, entered his appearance
in this suit in the bill of exceptions
. filed by the Territory, but later with
drew after satisfying himself it was
matter for the Territory to cope
with and in which the United States
government had no interest.
, No Star Chamber Proceedings.
Judge Fall declared there would be
= no star chamber proceedings in con,
nection with the case. This hearing
will be in open court" he said. "The
public is entitled to it and want it