Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-09-24

paid to the credit of convict earnings
or expended as contingent funds, and
as to all of those funds except such
funds as were drawn as contingent
expense, nothing in this judgment is
in any manner to be taken as determ.
ining or passing upon the liability
either to the territory or the United
States of America of the plaintiff here.
in, Holm o. Bursum. or any other per-
son.
Now therefore, it is hereby ordered,
adiudged and decreed that the report
of the said referee, c. V. Stafford, Esq
in stating an account, be and the same
is hereby in all its parts fully APPROX
ed and confirmed.
And it is further ordered, adjudged
and decreed that the plaintiff herein,
Holm O. Bursum, do have and recover
of and from the said defendant, the
territory of New Mexico, the full sum
OF S4,333 G6,and that the amount here.
in adjudged shall be paid out of any
funds in the territorial treasury, ex-
cept interest funds, upon presentation
Of certified copy of this Judgment.
1t Is further ordered adjudged and
decreed by the consent Of the attorney
for the plaintiff and the attorney for
the defendant that C. v. Stafford, Esq.
for his services in exporting the ac.
counts and for his services as referee,
including the services of all persons
employed by him in assisting therein
and all expenses incurred therein. be
and he is hereby allowed the sum OF
twelve hundred dollars, together with
the costs Of this cause, and the same
are hereby adjudged and decreed
against the said defendant, the terri
tory of New Mexico, to be paid to the
clerk of this court upon requisition
therefor which is hereby approved and
a warrant to be issued by the territor-
ial auditor on the territorial general
purpose fund, and shall be distributed
by the clerk of this court to the said
referee after paying the costs herein
in the matter as provided by law.
FRANK w. PARKER,
Judge of the Above Entitled Court.
Dated at Silver City, N. NJ. this 21st
day of September, A. D. 1907.
And now comes the funny part of
the affair Up steps one Neill B.
Field, attorney for the Colorado Title
and Trust Company and asserts that
he has evidence showing that
the so-called experts report
made by one Francis P. Nc
Mahon, secretary of that com
pany to be correct and true in every
particular, an assertion. nolens volens,
meaning that the official report by Ref
cree Stafford is incorrect, untrue and
not sustained by the evidence. Here
is where the fun comes in.
The Colorado Title and Trust Com.
pany did not appear in the case. Why
is best known to the company
In the opinion of the people, and
those who are acquainted with the
circumstances and the manner and
method in which its report was pre-.
pared there is no doubt that the report
by the expert" is cooked up, fixed,
untrue, erroneous, incorrect, in many
particulars. 1t was an absolutely
secret affair, an entirely ex-parte pro-
ceeding, and most of the examinations
of the accounts and books and the
results deduced therefrom were
made by drunken and irresponsible
loafer, and no one who knows him
well would believe him If he swore
to the correctness of the report on
a stack of twenty Bibles.
The so-called expert before the ref
cree would not testify to the correct
ness Of the report and would give no
information concerning it, although he
knew the referee was acting in a
legal proceeding and under orders of
the proper and lawful court. It is
we'll established. fact that Mr.. Bursum
was given no chance whatsoever to
furnish testimony of the correctness
Of his accounts in the administration
Of the convicts' earnings fund and
that the testimony Of false affidavit
men, Of blackmailers and shysters was
procured to Mr.. Bursums detriment
and injury and to make out case
against him.
The funniest part Of this proceed
Ing is that the company and it's
attorney for reasons best known
to themselves, entered into a
stipulation to keep out of the
case, and to keep the experts
report in hiding. Why this. could not
be brought to the light Of the day. and