Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-02-27
EMILIO WILL Be
HANGED IN MARCH
Date of Execution
Set By Supreme
Court
IS SUSTAINED
Opinions Rendered in Many
Civil Acknowledgment
to August 26.

tlnued III session tnlS morning w ~
O'Clock in chambers in the Capitol,
There were present: Chief Justice
William J. Mills, Associate Justice
John r. McFie, Associate Justice
Frank w, Parker, Associate Justice
William II, Pope, Associate Justice Ed
ward A. Mann, and Associate Justice
Ira A. Abbott. Jose D. Sena, clerk of
the court was at his post. The United
States was represented by United
States Attorney w, II. H. Llewellyn.
The Territory was represented by At
torney General w. c. Reid United
States Marshal Creighton M. Foraker
was represented by his deputy, H. F.
Bogh.
Several opinions were handed down
today by the court. All but one OF
them were in various civil actions
The exception was in the murder case
of the Territory of New Mexico, ap-
pellee, versus Rosario Emilio, appel.
liant, taken on appeal from the District
Court of Lincoln County Emelio was
found guilty of murder in the first de.
gree In the trial court and sentenced
to be hanged. The Supreme Court
afflrms this decision and the date of
execution has been set for March %.
Motions to dismiss appeals in two of
the civil actions were overruled. Ad.
journment was taken this afternoon
until August 26
Rosario Emilio was convicted of the
murder of Antonia Carrillo de Mirabel.
which occurred on April 8, 1905. He
was Indicted for murder by the Grand
Jury eight days later and verdict of
guilty was found by the trial jury on
May 3. 1905. Judge Mann before
whom the case was tried sentenced
the defendant to pay the death pen.
atty in expiation of the crime two days
afterwards.
Failing to secure new trial the
case was appealed to the Territorial
Supreme Court. The appellant filed
motion for change of venue, be.
cause Of alleged local prejudice
against him and the motion was sup
ported by the affldayits of four wit.
nesses. The court ruled that the wit
nesses were not disinterested parties
and denied the motion for change of
venue on that contention. Other mo-
tons were filed to have the petit
jury venire quashed because of al
legged irregularity which met a simi-
lar fate, as did other subsequent
motions for continuance and a new
trial.
The murder of Antonia Carrillo de
Mirabal was most brutal one and in
this instance justice was speedily
meted out to the assassin, As stated
previously Emilio professed innocence
of the crime and swore that the victim
had ended her own life. He acknowl-
edged having been present at the time
of the killing and testified as to the
details of the alleged act of self.de-
The suicide version was
not borne out however, by the wit.
nesses for the Territory. Emilio's
fight for his life having been de-
cided against him by the higher tri-
bunal in affirming the decision of the
trial court the sentence will now be
carried out.
An opinion was handed down today
by Associate Justice Abbott In the
cases of the Territory ex rel,
Thomas s. Hubbell, VS.. Perfecto Ar
milo and the Territory ex rel,
Frank A. Hubbell, VS.. Justo r. Armijo.
These cases were decided last Decem.
Der In which the pro forma decision
If the district court was reversed. As
Associate Justice Abbott rendered a
pro forma Judgment by request of the
counsel on both sides in order to
bring the cases before the Supreme
Court he was not disqualified from
sitting as a member of the Supreme
,ench. Thomas S. Hubbell and Frank
4. Hubbell were respectively sheriff
Ind treasurer Of Bernalillo County,
md were removed by Governor Otero
The opinion in the cases is a voluml-
lous one and holds that the Hubbells
we're lawfully entitled to their respec-
I've Offices.
In the case of the city of Roswell,
VS.. Thomas NJ. Davenport,
appellee. which was taken on appeal
rom the district court OF Chaves
,ounty, an opinion confirming the de-
ision was rendered by Associate JUS
Ice Parker. Davenport claimed to
lave sustained injuries by reason Of
defective sidewalk In the city OF |
md second time by title and ordered
translated, printed and referred to the
Committee on Judiciary.
House Bill Number 1856, by Mr.. Holt,