Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-09-26
MORE FALSEHOODS ARE
EXPOSED IN BURSUM CASE
Colorado Title and Trust Company Dar-
ed Not Submit Its Experts Report
Filed Voluntary Stipulation Hearing Fair and Through
Decision in Accordance With Law and Evidence

Grafton right or wrong, and howl
stop thief close the stable doors
after the horses are stolen"
McHare Did Not Draw Bill Of Excep-
tions.
Third, the statement that Mr.. Nc.
Harg drew the bill of exceptions is
untrue. Attorney General Prichard
prepared the bill of exceptions and
then requested Mr.. McHarg to furnish
such items of exceptions as he de-
sired to have appear in the bill and
the record. Mr.. McHarg furnished
some exceptions, but on account of
the very Objectionable, unlawyerlike
and improper language contained
therein, Attorney General Prichard de-
clined to accept them. and struck
out the Objectionable language.
Thus revised and placed in proper Ian
guage. these exceptions furnished by
Mr. McHarg were incorporated in the
general bill Of exceptions and allowed
to go in the record. Then and there
the then attorney general advised E.
Peyton Gordon who represented Mr..
McHarg in a conference with the at
torney general that unless these mod
ifications were accepted he would
not sign their exceptions; that he
would furnish his own exceptions,
and they could take whatever course
they thought proper. The exceptions
furnished by Mr.. McHarg did not go
to the meat of the matter and in con-
troversy, but were of general nature
which in some particulars would call
for evidence to sustain them before
the court which Is very unusual pro.
ceeding.
Fourth, the full report of Referee
Stafford consisting of over 200 pages
and containing every detail Of the re-
ceipts and expenditures of the con.
victs earnings fund in question was
before the court and this matter was
gone into thoroughly by the court,
and the judge was fully advised in
the premises so that he could proceed
and give judgment advisedly and in
accordance with the evidence and the
law in the case. The Colorado Title
and Trust Company had voluntarily
by stipulation asked not to
be considered party to or In the
case and the report made by its al
legged expert and most of it by a
drunken and disreputable, unprinci-
pied loafer, was not placed before the
court at all, although the plaintiff S
attorneys were perfectly willing to
have this done. To people generally
this action Of the Colorado Title and
Trust Company certainly indicates
strongly that it was afraid to come
before the court and have its report
analyzed and examined no matter
what its attorneys or hackers may say
or claim at this time. The fact re-
mains that the company stipulated
itself out of court and was glad to do
so, wanted to do work and took every
! possible opportunity to do So The
motion to this end came from the
company's attorney and not from the
plaintiff. The plaintiffs attorney, H.
NJ. Dougherty, was ready to show to
the satisfaction of the court, the hol'
lowness, the falsity, the errors. and
the cooked up character of it's So
called experts report.
Fifth, naturally the bill of excep
tions was not sustained by the court
because there was nothing tenable in
1t and 1t had to be over-ruled. 1t
makes precious little difference what
the Colorado Title and Trust Company
or its attorney claim. Indeed it GER
tainly appears and that very strongly
that of their own vilotion they wanted
nothing to do with the case like the
flowers that bloom in the spring.
Sixth, the statement that the report
of the referee was a skeleton one is
another malicious and downright un.
truth. The report contained every
item investigated by the referee and
upon which proof was had, testimony
adduced and on which the conclusion
Of the referee were based.
Seventh, the statement that the ter
ritory allowed judgment against it
self by default is another malicious
| falsehood. The territory was defend
ed and its interests carefully looked
after by it's attorney general, Judge
Albert B. Fall, and the statement
made by the Albuquerque Morning
Journal is desparagement upon the
attorney generals legal ability and al
impeachment of his official integrity
and professional honor.
Why's and Wherefores Not Material.
Why the Colorado Title and Trust
Company at the proper time and in
the proper proceeding did not attemp'
to vindicate its reputation and estab
lish the truth and correctness Of it,
4