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

| the grand jury Is selected by the
judge OF the court, his clerk, and
special commissioner appointed by
, the judge. At that time the commis-
sioner whose duty 1t was to assist
in selecting the grand jury was Ma
| Jor Palem, president of the First
National bank at Santa Fe, and a
man whose integrity and uprlghtrsss
Is unquestloned everywhere. He was
removed as commissioner and an
| other appointment made at the in
| stigation of the special assistants and
| the grand jury was selected under
such circumstances.
| The Procedure.
""rhis grand jury met, proceeded
with some minor work and then was
adjourned for thirty days, in order to
| allow the special assistants to confer
| with the department at Washington
as to what course to take in the
many threatened pr ,secutions alleg-
ing many violations, not only of the
| United States laws. but of the terri
| torial laws. with which this court
had nothing to do.
when these legal representatives
Of the United States in Washington
had finally agreed upon the policy to
be pursued, the grand jury was re-
convened.
~ was told when l reached SAN
ia Fe that the grand jury was fair
ly good body of men, and that there
| was III particular one Boou, strong
Mexican, a democrat. and one who
was republican on the jury who
would probably largely influence
their fellow Mexican members.
- am not acquainted with that
part of the territory. and do not
know any of the individuals COM
prising the grand jury.
Jurors Excused.
Immediately upon the re-con-
vention of the jury the two named
! men, one a republican and one a
democrat, were each excused by the
court, without any reason being Civ
en- therefor. except that 1t was talk
ed publicly around the court house
and on the strcsss ~ Santa Fe that
they had been excused by request OF
from a standpoint of convincing the
United States it was to be fairly
treated.
1.-The procedure, however, was so
; unusual. and being unaccompanied
, by any explanation of the court, the
! people of Santa Fe, While willing to
} give the court credit for desiring to
be fair, do not give such credit to
tn eattorneys general, openly charg-
ing that some parties were excused
because they were strong men and
the special assistants feared that
they would have their own opinions
and assert their own judgment as to
indicting those under charges.
From the hour of the excuslng
of these men, everything pointed to
the fact that a majority of the jury
believed that they were turned over
to the assistant attorney general to
act upon their advice and accept
their conclusions, and the fact that
an indictment was found against a
large number OF these persons was
not surprise 10 those who watched
the proceedings.
Surprise 10 Everyone
1t was surprise, however. TO
even those who were interested In
the matter TO know that the demands
of the government official advised
the jury to indict in this connection
men who could not possibly have
participated in any questionable way
in the transaction complained of;
such men, for instance as DR.. James
Douglas, a man whom the people of
lei Paso, Texas, and the whole south
west know well, and alleging as
reason for such indictment that he
was member of the firm of Phelps,
Dodge & Co, which firm, 1t Is alleg-
ed, paid the government by the en-
trymen for these lands. when the
slightest inquiry would have revealed
the fact that DIR. Douglas Is not and
never was a member of the firm of
| Phelps. Dodge & Co, on the same
grounds, when he has become a
member of that firm only since the
, ago; the indictment OF Mr.. Cleve-
land Dodge, who probably never
heard of the transaction; of Mr.. Nc
/ Lean, as a member OF the firm Of
Phelps, Dodge K Co, when so far as
know he was never In Arizona, and
undoubtedly never heard of this
| transaction. All because the govern
ment contended that the money for
the payment of some entries came
I from New York.
Witnesses Threatened With Prosecu-
Witnesses were taken before the
| grand jury and when their testimony
did not suit TO a '~F' the theory OF
the special attorneys, We're promptly
threatened with prosecution for for
gerry, for false swearing
"'Other witnesses were taken be-
fore the special attorneys in advance
Of going before the grand jury, and
suggestions made as to how they
should testify.
"It IS currently reported, and I
believe IL 10 be true, that a demand
made by the assistant attorneys for
the indictment for perjury of one
witness, a surveyor, who had testi-
fed with reference to a few simple
facts relating to his being employed
to make a survey by the attorney in
fact Of these gentlemen whose lands
were entered, because he stated that
he had no knowledge Of any corpora
ton employing him, but on the con-
trary believed that the attorney in
fact who employed him, represented
the entrymen only, and that in ask
Ing for his indictment the United
States made a savage and bitter at
tack upon family incidents on the
history OF matters which were in no
way brought out IN evidence before
the grand jury.
Almost Savage"
"a little bit OF savagery and the
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