Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-06-22
Mcmahon Refuses
to Testify Unless
Produced
IN BURSUM INVESTIGATION
Referee Stafford Compels AT.
tendance by Subpoenae-.
Witness Very Reluctant.

f. NJ. Mcmahon. former secretary
or the Colorado Title and Trust
company, at Colorado Springs. who
was the expert who investigated the
| accounts of the Territorial pepiten.
tlary under the Bursum administra.
llon for seven years under and by
| direction of Ex-Governor Herbert J
| Hagerman, reached the city last even.
ing and registered at the Palace Mr..
| Mcmahon came on private business.
AS soon as Travelling Auditor
CHARLES V. Stafford referee in the suit
or H. o. Bursum against the Terri.
| tory OF New Mexico pending in the
Third Judicial District Court for the
county of SocorrO, heard of Mr.. Nc.
Mahon's arrival, he called on the lat.
ter and requested him to appear be.
fore the referee in the pending suit
for and On behalf of the Territory
that his testimony might be taken In
the case In reference to the correct.
ness Of his report as expert in the In
| vestigation.
Mr.. Mcmahon fatty declined to give
his testimony voluntarily. Whereup.
on referee Stafford issued a subpoena
citing Mr.. Mcmahon to appear before
him forthwith as such witness. This
was turned over to Sheriff Charles
Closson of this county at II o'clock
this morning.
Original Report Missing.
Shortly before noon Sheriff Clos
son succeeded in locating Mr.. Nc.
Mahon and served a subpoenae on
him. Accordingly, although evidently
somewhat reluctantly the expert re-
ported at the office of Travelling Au-
ditor Charles V. Stafford at 80 and
the taking of his testimony was com.
menced. However, 1t developed that
the original report to the Governor of
the Territory prepared and made by
this expert has disappeared from the
official files of the executive office and
had been taken away by the ex.Gov.
ernor The expert declined to testify
from memory or from any data or pa
pers except this original document
which evidently reposes now safely
within the precincts of the Hagernan
home. How the Ex-Governor came to
take with him an official document:
belonging to the Territory naturally
the expert could not explain or il he
knew he would not.
Raises Technical Objections.
Mr. Mcmahon was shown a carbon
copy of his report as secretary of the
Colorado Title and Trust Company
to Governor Hagerman wherein some
thing over twelve thousand dollars
were alleged to be due the peniten-
tiary by Mr.. Bursum The expert de-
clined to make any statement regard
ing figures and raised technical OBJ
jections to every question asked.
81 believed l signed three official
reports and unless any one of those
signed reports are submitted to me
| must refuse to attempt to identify
supposed extracts or copies from said
signed reports" he said.
Mr.. Stafford inquired If the expert
had any reason to believe that the
carbon copy was not correct. Mr..
Mcmahon paused before answering
and finally stated that he would not
reply in either Affirmative or negative
until he had ample time to make a
comparison.
Mr. Mcmahon is no longer connect
ed with the Colorado Title and Trust
Company. He is now engaged in bust.
ness by himself.
Expenses From Convict Earnings.
The experts services and report
were paid for out of Territorial funds
They cost about $3.50. This sum
was taken out of the convicts earn
ing fund.
The papers are official documents
| belonging to the executive office and
could they have been procured today
much light and much information OF
public benefit would have been OBJ
tanned in the matter.
It is believed that Mcmahon will be
held here until he testifies.