Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-10-26

entries in the Durango coal fields. just
AT the time ii was thought the Phelps
Dodge people We're working 10 build a
railroad into that field, had a secret
understanding with the Phelps Dodge
company; that they would devote such
entries for the benefits of that COM
pany, and not for their own individ-
ual benefit.
with this slogan for the hue and
cry which they have 50 sensationaliy
raised in Santa Fe, they summoned
before the grand jury at that place
such witnesses and such evidence as
they, in their opinion, thought would
bear out this contention, and suomi
ted the same to a grand jury COM
posed of sixteen Mexicans and five
Americans and demanded of that
grand jury that indictments be
brought not only against the individ-
uals 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 & 60, of New
York, which firm, it Is alleged, fur
nished the money which was paid to
the government in purchase of the
said coal lands.
None Of the parties who made such
entries, nor any one having any
knowledge of the true facts, was sub
poenaed Before the grand jury, except
one entryman, who happened to be a
notary public, who had taken some
acknowledgements on the part Of
these entrymen with reference to some
lands. and whose notarial records the
special agents thought il profitable for
them TO introduce.
The secrets Of the grand jury room
hide from the public view all that oc-
ours I'm such bodies, but much in
every community leaks out, where the
public is interested, as in this mat
ter 1t 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 notarial records
which necessitated his getting before
the Jury"
1T was also currently reported, and
I 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 secured for the bene-
fit of the Phelps Dodge company; that
ne had paid for his own entry and
that all entries of such lands were
owned by those who had entered them,
that three years had
passed away since the entry ana every
entryman had a perfect liberty to and
did own, and had the right if he de-
sired to sell and convey the land to
whomever he pleased, at whatever
price he pleased.
"Why. under this statement of facts
an Indictment could have been found,
the public will be at a loss to know.
but there are many facts IN connec-
ton with the finding of the indict-
ments shawn TO those who watched the
progress Of Che matter, which go q
long way In explanation.
"First-The regular United States
district attorney Of Ne~ Mexico and
his assistants who generally try such
cases have been displaced, and spe-
cial corps Of attorneys sent out from
ID. C., together with a
very large number of special agents,
and others, who filed Santa
F'e with their charges of fraud. and all
kinds of public crimes i'm which vari-
Gus public men were to be indicted.
"As the first move in what they call
the protection Of the court, but what
a very large number of people in New
Mexico regard as very unusual pro-
lection. they requested the court. pre-
tending 10 represent the department. OF
Justice al Washington, to remove
clerk The judge of the court, in or
der To convince them that they were
10 have fair treatment i'm every way
at the hands of the court, and to dis
arm them Of a suspicion that they
would not have the same, instantly
complied with their request.
"They then demanded that he ap-
point q clerk Of their own naming,
which he accordingly did. but who
turned out to be an emplove Of one
IF the departments at Washington. alb
'olutely under the domination of these
United States attorneys.
This particular clerk. however.
,ould not leave Washington immedi-
ately. and so at the request Of the
special assistant to the attorney gen
aral. the Judge appointed a special
agent of the interior department. who
Tor the past year has been operating
N New Mexico. and who was closely