Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-09-27
OTERO COUNTY HAS MONEY
IN TREASURY NOW

Since the railroads and Postal Tel
egraph company have cone in for
taxation in this county. the Codrt fund
Is greatly increased. A couple Of
years < there could be but one term
of court held i'm the county each year
range 10 augment the court fund so a
four weeks term could be held and
some OF the important business, at
least. attended to. During such de-
pressing financial conditions with the
court. Judge Mann used all the money
for the purpose of clearing the crimi-
nal docket. and a civil case, the par
ties to which deemed a jury trial
necessary, We're compelled by the
court to pay for the jury. Conse-
quently the %litigants on the civil side
had little resort to jury trials and
most Of the civil business was tried
before the court. This was pretty
hard on the Judge. but it was a great
saving to the counties, n Judge
Mann wasffver p~eadyJttp hear the
troubles 81 the ~cohtending parties. lis-
ten to theT witnesses, and bear up.
under fh& ~a0mfaapding rhetoric Of ihs
opposing counsel. and then give his
decision in the matter. In some in
stances az soon as the case was closed,
In others after a few days considera-
ton Of the testimony. 1t may be We'll
TO drop the remark right here that
Judge Mann is physically able to cope
with considerable hardship. or he
would not nave ~. successfully played
the double role of court and jury dur
ing the INDECENT days Of the counties
composing the Sixth judicial district.
With money in the court fund, the
court Is inclined 10 discharge the du-
ties Of his office. allowing the jury to
pass upon the evidence presented by
the parties to the suit. Consequently,
at the present term Of court, several
civil cases will be tried to a jury. In
the matter of Kellogg vs.. Thomson.
the jury has returned a verdict for
the defendant. giving hin $3.50, and
then exceeding their powers somewhat
by giving him some stock With the dis
posal OF which they had nothing to do.
The cou set aside the latter part of
the verdict. The trial of the case
consumed two DAYS. IL was the old
story of "a partnership I'm h sheep
business. The purchasing by the plain
TIFF Of the business with a verbal
agreement with the defendant hat he
should take care Of the herd. that
there should be a division of the in
crsstise with seemiagly satisfactorvfar-
rungements as tu any decrease from
no causesxfhe friendly review OfNhe
condition of the business at the end
of the year for a couple Of years, with
the Old-time agreement that 1--WE viii
things up after "A while" the sale.
after two or three years. of the herd
and then the Misunderstanding and
the bringing Of The action by the
plaintiff To recover some StOO thought
to be due him. The case has been on
the docket for a couple OF years. and
50 confident was "A. b. Holt, the plain-
tins attorney. that the jury would
bring In a verdict for his client, he
did not wait for the verdict. but took
the train for Las Cruces Immediately
after the case was given 10 the jury,
r. Wharton was the defendants
counsel. II Is the presumption that d
motion for a new trial viii be filed
and argued at The present term Of
court.