Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-08-28
OPINIONS BY
SUPREME COURT
Many Decisions of
Lower Courts Af-
firmed
SENA CASE IS ARGUED
Elmer L. Price Must Serve
Life Sentence in Peniten-
tiary For Murder.

The Supreme Court of New Mexico
continued in session today, recon
vening this morning at 10 o'clock,
There were present.
Chief Justice William j. Mills, AS
sociate Justice John R. McFle, AS
sociate Justice Frank W. Parker, AS
sociate Justice William II. Pope, AS
sociate Justice Edward A. Mann, and
Associate Justice Ira A. Abbott. jose
y. Sena, clerk of the court, was at
his post The United States was rep
resented by Assistant United States
Attorneys David j. I4eahy and E. J..
Medler, while the Territory was rep
resented by Assistant Attorney Gen
eral Robert C. Gortner.
Six opinions were handed down to-
day in cases which had been taken
under advisement from the January
sessions and in every instance the
Judgment of the trial courts was af-
firmed. One opinion embraced two
causes which had been consolidated
for expediency in the district court
and were practically the same. Chief
Justice Mills rendered one opinion,
Associate Justice McFie, one; Asso-
ciate Justice Parker, one; Associate
Justice Mann, one; and Associate JUS
tice Abbott, three.
Probably the most important opin-
ion rendered today was that in the
case OF the Territory Of New Mexico,
versus Elmer L. Price, the latter hav-
ing been convicted of the murder OF
Frank B. Curtis, which ocurred
March 80, 1906. Curtis was con-
tractor and Price news agent on
the Pecos Valley and Northeastern
Railway running between Amarillo,
Texas, and Roswell, and the tragedy
occurred one night on their train. A.
cording to the statement of facts in
corporated in the opinion Price was
intoxicated at the time of the killing
and it was claimed he had annoyed a
woman passenger. Curtis remonstrat-
ed with him for his conduct and Price
drew a revolver and fired at Curtis.
Curtis fell mortally wounded and died
within few minutes. w. H. Cox, a
deputy sheriff of Roosevelt County,
who was a passenger on the train
placed Price under arrest and the
prisoner was taken off the train at
Roswell. Price was found guilty Of
murder in the second degree and SEN
fenced to life imprisonment in the
Territorial penitentiary. The opinion
sustaining the judgment of the trial
court was rendered by Associate JUS
tice Abbott.
In the case of the Territory of New
Mexico versus l.. A. Meredith, who
was convicted of the larceny of one
neat cattle from Joseph Davis, an
opinion was also handed down by AS.
sociate Justice Abbott.
Associate Justice McFie rendered
an opinion in the case of the Terri.
tory of New Mexico versus Joshua P
Church. The defendant in this cause
had been found guilty of permitting
minors to loiter and frequent his sa
loon in Roswell and was sentenced tc
pay a fine of $50 and COSTS Motions
for new trial and in arrest of judg-
ment were overruled and it was then
appealed to the Supreme Court.
An opinion was rendered by Associ
ate Justice Mann in the case Of James
F. Hancock versus George R. Beasley
and Austin Beasley. This case was
appealed from the district court o1
Dona Ana County. It was alleged thai
George R. Beasley had converted tC
his own use 1875 head Of Angora goats
which were the property Of Hancock
Judgment was found in favor of the
plaintiff which the opinion OF the
higher court sustained.
The case of John w. Stout agains1
the Mogollon Gold and Copper Com
pany in which the opinion was pre-
pared by Chief Justice Mills was {
civil action Involving damages and
included writ Of injunction. Stou1
brought suit against the mining com
pany because of alleged destruction
Of his crops by the pollution of the
water of Mineral Creek from which
he irrigated his farm, orchard anC
vineyard. The mining company erect
ed quartz or stamp mill and the tail
ings which were dumped into thu
creek polluted the water and de
stroyed Stout's crops. Judgment was
rendered plaintiff in the sum o
$1,350 "A motion for new trial wa'
\. overruled and writ Of error ther
sued out. The cause was ordered re
manded back to the trial court K
have the Judgment amended from ths
Mogollon Gold and Copper Mining Con-