The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1907-09-25
From Albuquerque Journal.

1
AS a part of a long article on the
recent hearing of what is known as
the NBursum case" before Judge
Frank w. Parker in Silver City Sat
urday last, the Albuquerque Evening
| Citizen, in its issue of Monday night
announces that there was no one pres
ent at the hearing il Silver City who
dared confront Mr.. Bursum in court
and that Judge Parker,s decree is a
complete vindication of Mr.. Bursum;
that it proves the report of the Colo
RADIO Title and Trust company, which
tentiary matter, to be false, and that
it clears MIR. Bursum of all charges
made against him by the report
This statement is likely to lead to
misconception of the scope of the
hearing at Silver City, and fails to
take account of certain interesting
facts in connection with that hearing
at which the report of the referee,
Stafford, was sustained by the court
and decree rendered by Judge Par
ker giving Bursum Judgment against
the Territory in the sum of $4, 333 .66
In order that the people of New
Mexico may have clear understand
ing of the conditions surrounding
Judge Parker's decision on the refer
ee's report and his subsequent decree
in favor of Mr.. ,Bursum, it should be
stated tnat stipulation was filed be-
~
him, prior to the hearing on the SAT-
ford report, which excludes the Colo
rado Title and Trust company's re-
port from the issues in the case and
| from consideration in connection with
Referee Safford's report. In other
| words, the report of the Colorado I'll
tie and Trust company upon the man
agement of the penitentiary finances
lby Mr.. Bursum, was not considered
in the nearing at Silver City, and the
correctness or incorrectness of that
report was not brought into question.
I Furthermore, careful reading of
| the report of Referee Stafford will
SHOW that when the referees refer
ences to the report of the Colorado
Title and Trust company are eliminat-
ed, there is practically nothing left
| to the Stafford report.
| Judge Parker's decree merely grants
Bursum judgment against the terrific
ry in the sum of s4,333.66, the sum
which Safford's report holds the ter
ritory owes him. 1t excludes the inter
ests of the United States and it does
not bring into question in any way
| the correctness or incorrectness of
the report of the Colorado Title and
Trust company, this report having
been entirely eliminated from the
scope of the hearing by the stipula-
tio1 referred to, which is signed by
H. NJ. Dougherty, attorney for Bur
sum, Attorney General A. B. Fall, rep
resenting the territory, and NeiH B.
Field, attorney for the Colorado Title
and Trust company
| Mr.. Field, VINO was present at the
hearing in Silver City, and who re-
turned to Albuquerque Sunday morn
ing, was asked yesterday evening as
to the effect of the courts decree up
on the report made by his clients.
In view of the statements which
| have seen in this evenings paper TO
the effect that there was no one with
courage enough to confront Mr. Bur-
sum in court" said Mr.. Field, Il deem
| it my duty to my client to say that
but for stipulation which was sign
ed, and of which | am going to give
a copy to the public, l was prepared
to confront Mr. Bursum in court, and
to show that the report of the Colora-
do Title and Trust company was cor
rect"
81 had not intended to make this
stipulation public. or TO have any
thing to say about this proceeding,
and think Mr.. Bursum could well
pray to be saved from his friends"
4 feel justified in saying that the
Colorado Title and Trust company is
prepared to show in any proceeding
before any court, where SUCH show
ing would be proper, that its report
is correct :
/ Tne text Of the stipulation referred
TO is as follows: