Albuquerque citizen. [volume] (Albuquerque, N.M.) 1907-1909, 1907-10-26

. idnus mas any lOtd VI nlmSen work.
Ing his coal field.
"'His hope and idea invariably is
to sell and dispose Of the same to
some company that ne may know
which has been organized, or hopes
will be organized, for the purpose
Of supplying coal from such lands
TO the market. The mere fact that
a lot of men of kindred association
work in unison with each other, thus
taking up rights to be held by each
thereof, Is by no means any evil
dence that there was any agreement
contract or secret arrangement that
they were acting in making such en-
try for any one else. But under pre-
cisely such statement OF facts. the
special agents of the United states
| charge that the men who made en-
tries In the Durango coal fields, Just
at the time 1t was thought the
Phelps-Dodge people were working
to build railroad into that field.
had secret understanding with the
Phelps-Dodge company; that they
would devote such entries for the
benefits of that company, and not for
their own individual benefit.
How They Proceeded.
"'As the first move I'm what they
call the protectlon of the court, but
what a very large number of people
In New Mexico regard as very un-
usual protection, they requested the
! court, pretending to represent the
| department of Justice at Washington
to remove clerk. The Judge of the
| court, in order TO convince them that
they were to have fair treatment i'm
| every way at the hands of the court,
and to disarm them of a suspicion
that they would not have the same,
instantly complied with their res
quest.
"'They then demanded that he ap-
point clerk of their own naming,
| which he accordingly did, but who
turned out to be an employe of one
| of the departments at Washington,
| absolutely under the domination of
these United States attorneys.
/ . This particular clerk, however,
could not leave Washington imme-
diately, and so at the request of the
special assistant to the attorney gem
eral, the judge appointed a special
| agent of the interior department.
who for the past year has been op-
Grating in New Mexico, and who was
closely allied with an assistant to the
attorney generals i'm their work. This
party acted as such clerk from the
day of the removal of the former
clerk.
The Grand Jury.
With this slogan for the hue
and cry which they have SO sensa-
tlonally raised in Santa Fe. they
| summoned before the grand jury at
that place such witnesses and such
| evidence as tney in their opinion,
| thought would bear out this conten-
| ton, and submitted the same to a
grand jury comprised of sixteen
| MeXicans and five Americans; and
demanded of that grand jury that
| indictments be brought not only
against the individuals who made
| these entries, nearly all of whom
| were in "a position to know and did
know in advance of others that there
| was the probability of some railroad
being constructed; but also all of
the members of the firm of Phelps,
Dodge and Co., Of New York which
firm, II Is alleged, furnished the
money which was paid to the gov
| ernment in purchase of the said coal
lands.
such entries, nor any one having any
| knowledge of the true facts. was
subpoenaed before the grand jury,
| except one entryman, who happened
10 be notary public, who had taken
| some acknowledgements on the part
of these entrymen with reference to
some lands, and whose notarial rec
ords the special agents thought 1t
profitable for them to introduce.
Made by individuals.
"'It was also currently reported,
and / believe IL TO be true. that he
stated and testified that the entries
were made by each individual for
himself; that no promise, contract
or agreement had been entered into
by which the lands We're to be Sc
| cured for the benefit of the Phelps
! Dodge company; that he had paid
for his own entry and that all en-
tries OF such lands were owned by
| those who had entered them, not
wirhstanding that three years had
passed away since the entry and
| every entryman had perfect liberty
| TO and did own, and had the right IL
he desired to sell and convey the
| land to Whomeyer he pleased, at
| whatever price he pleased.
Why, under this statement Of
| facts an indictment could have been
found, the puDlic viii be at a loss to
know, but there are many facts in
connection with the finding Of the
indictments shown TO those who
watched the progress of the matter
which go a long way in explanation.
. =" First - The regular United
Mexico and his assistants who gener-
| ally try such cases have been dis
/ placed and a special corps Of attOr-
neys sent out from Washington, ID.
! c., together with a very large num-
! Der of special agents, detectives and
! others, who filled Santa Fe with their
! puDlic crimes in which various pub
! lie men were TO be Indicted.
Leak i'm Jury Room.
" The secrets Of the grand Jury
room hide from the public view all
| that occurs In such bodies, but much
| in every community leaks out where
| the public Is interested, as IN this
| matter. It was currently reported
that this entryman was the only
witness allowed to the defense and
even this opportunity would have
been denied them except for the no.
tarial records which necessitated his
! getting before the Jury