Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-11-08

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Indictment that had been found, in
volving these coal lands in San Juan
county, so that is connecting il abso-
lutely with this indictment. There
was some confusion in the first Wit
ness testimony, but the other three
undoubtedly connect the matter with
this very indictment, and they said
what had been done could not be
undone, and the talk was about re-
considering the Indictment that had
been found, had been voted upon, so
there can be no question of this con-
Versation between these men relative
to the business that was pending be-
fore the grand jury. and II undoubted-
ly occurred: there can be no question
but that Mr.. Alarid and MIR. Griego
called on these four men and had
this conversation with them, and that
on each of these occasions $50 was Of
fered each of these men. they were
informed they could each have $50,
the first two men II they voted against
an indictment, and the lpst two IL
they voted to reconsider the indict-
ment.
Now, there can be no question about
the facts I'm this case. The l41 Fed
eral lays down the rule that i'm these
contempt cases they are criminal In
their nature. aud the testimony to
warrant a conviction, must be beyond
reasonable doubt the court must
be satisfied beyond reasonable doubt
as to the facts. There is no reasona-
BILE doubt left in the mind of this court
In this case at all, that there was an
attempt here to influence these four
jurors-two OF them to vote against
an Indictment, and two OF them to
reconsider the vote that had been
cast; there can be no question, there
Is no denial of II. and the court must
hold that this conversation occurred.
just as the witnesses testify that II
did occur.
Now, as to the charge-when you
come to the actual charge against
these men-the conversation what
was done, Is incidental TO the main
charge, that they were attempting TO
obstruct Justice That is the charge.
and all the courts hold that an at
tempt to reach a Juror and persuade
juror, or to in any way influence him
ito refuse to return an indictment, or
to return an indictment, is an OBJ
struction of Justice, within the mean
ing of the law, and therefore, the
court must hold that Mr.. Alarid Is
guilty of the charge made, and of the
contempt alleged here in this case;
the proof is conclusive; 1t rs very dlt-
ficult TO obtain proof as has been OBJ
tanned In this case, but II has been
obtained in this cas<, and the court
ing to the constant charge that juries
were reached and juries were fixed,
and things of that kind, and the court
never having been able to reach the
evidence to that effect, as direct as
this-the court has been anxious to
reach a case where II could be shown
conclusively that this was done.
Now. | regard this as having been
shown conclusively, and beyond
reasonable doubt, that there was an
attempt here made by Mr.. Alarid 10
influence this jury, and to get at least
two of these jurors to obstruet justice
in the meaning of the law. l there
fore, shall hold Mr.. Alarid as guilty
of contempt of court in this case, ana
will impose sentence of ninety days
in the county Jail as a punishment for
this otfense.
MIR. Gortner:-If the court please.
would like to have the record show,
and before the imposition of SEN
tence, / would like to move for new
trial, and an arrest of judgment. upon
the same legal grounds that we have
raised during the progress OF the
hearing.
The Contributing new?
Mr.. Gortner:-Nothing new.
Mr.. Gordon:--To save the record?
Mr.. Gortner:-To save the record.
Mr.. Gordon:-I object to the mo-
tion.
Motion overruled, and exception no.
ted for defense.
Respondent brought before the bar:
The Court: Mr.. Alarid, the wit
nesses here have established undoubt-
edly. that you. in company with Mr.
Griego, did 60 to the houses where
United states grand jurors were stay
ing and attempt to get them to change
their vote. and to vote against an in
dictment In the case that was returned
here, and which was under considera-
ton at that time. This Is violation
of the law. as you well know, and II
was very. very highly reprehensible
conduct on your part, am aston
lshed to find that you would he
party to a transaction of that kind.
The court cannot Ignore testimony ot
these witnesses, who testify that they
know you. and testify that II was you
with Mr. Griego.
Now. the court In this case VIII I'M
pose a sentence of 30 days In the
county iail upon you for this conduct,
hoping that this may accomplish the
result of forever preventing YOU from
anv attempt on your part to interfere
with juries in any way in this county
II has been mentioned To the court on
many occasions that you attempted TO
do that thing and no evidence has
bppp obtained Detnlt 10 tue FiAttA thfaA
YOU had. and as you testified on yes
terday. you did not attempt TO inhu-
ence the Jury that tried and convicted
Won I'm this court during this term OF
another offense that went a long ways
in rebutting the idea that you were
engaged in this kind of business, anu
the court was impressed with that
statement OF yours on yesterday Tor
4he reason that It appeared reasonable
that IL YOU would attempt to influence
any fury, you would attempt to inhu-
ence the one trying you for criminal
offense. You testified that you had
not attempted to influence that jury.
and that Jury did convict you. but the
Testimony in this case removes that
impression and shows clearly that you
have been by some means Induced, or
have gone into II voluntarily, to OBJ
struct Justice in the United states
court here, and you must suffer TINS
penalty for Il. and ] trust that II VIII
have the effect. both for You ana All
other persons that this cannot be
done in this judicial district, and " II
is done. that a most searching investi-
gatIon will be Instituted in every case.
with a view TO ascertaining whether or
not II is true. and that certain punish
ment will follow. I will make the pen
ATTY go days. with the hope that II
will accomplish the purpose the court
intends by 1t, TO forever prohiblt you
from interfering with juries
The judgment and sentence OF the