Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-09-23

Of western Texas and eastern New
Mckee. and 81 e. Hon, % Las Cruces
The defense vas represented By Whar-
ton & Lawson. Of this city. W. W
uf Roswell vas IN the case
last year. and vas here for a fsw
days Il the opening u court this
term. but ne did not appear in the
ease Tom Pridem0rc. Who AZ the
lime Of the wholesale stealing by the
Lesliee from the Block ranch outfit,
was foreman for the Block people. and
no shortly after had reason to take
q trip int Mexico. and who, conse-
quently. could not be brought into
court as q witness. was preseB when
court opened On the I'd inst. As The
L%slies claimed Ell through their tes-
fimony that he had given them the
running IN the mountains. 10 was pre-
sumed he came az a witness for he
defendants. although the records ia
the ease showed that no process had
ever been issued by either side FOR
him as a witness
Sensational Charge la Open Court.
Things moved smoothly until the
defense called Tom PridemOre 70 the
witness stand He failed 20 respond
Then the records were referred 10
and it was discegred he had never
been s~ubp0enaed The defense claimed
they uuderst0od the prosecution q
issued process for him. and after some
little disulay OF -elouueuce on the part
af J. r.. Wharton. the defendants at
t0rmey. IN an effort 20 explain away
their femissuess IN not properly
bringing this witness into court. the
court ordered D subpoena issued for
the i0si witness In a short tme7the
Officers found the gentleman. ne was
hailed into court, but refused 70 tes-
tify for the defendants. and the ter
ritory put him on iu Febuttal lie
made a strong witness for the terri
tory This action on the part Of
Prldemore aroused the ire Of the de-
PENDANTS and their attorney, as they
had been expecting great things from
Tom. and Judge Wharton openly ac-
some Of the Interested Witnesses
for the prosecution 81 buying up this
witness. both as a side remark In the
court room and tn his address to the
Jury. No names were mentioned
That night e set-to was narrowly
aVerted al the saloon. both parties be-
present and both expecting a little
scrap might be pulled off This fight
talk. Of epurse. Ia hearsay, as your
correspondent has ~ direct informa-
ton. only the tales carried 10 the
courthouse by those who were present
NN ANIt EHNNfHANANa AANhA N'tHHh HAH -
teen hours. the jury returned a verdict
~ guilty, with the recommendation Of
the members for the courts ciemency
Judge Wharton Immediately filed his
motion for q new trial. which viii
probably be argued within the next
few DAYS. This motion viii IN all
probability be overruled by Judge
Mann. AZ the attorneys not engaged IN
the case declare there are no errors
IN the record Just what sentence the
defendants will receive Is as yet a.
query. Judge Mann Is. as a rule. severe
on cattle and horse thieves, yet he al
ways takes into consideration the rec
o-memndation u the jury for Glenn
ency
A few civil cases will occupy the at
fention of the court Tor a few days,
when adjournment sine die viii be an
nounced.
The next term 81 court IN this dis
trIct will be held az Lincoln COM
mencing the first Monday In October
This Is a special term called by Judge
Mann for the purpose 0f cleaning up
the civil docket No criminal busl-
ness viii be considered. and IT Is pre-
sumed the term will not last over q
week or ten days.