Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-07-29
CLERK BERGERE'S
RESIGNATION
rendered By Re-
quest Of Judge
McFie
NO WRITTEN CHARGES
Deposed Official Claims Fl
nancial Accounts are
Correct.

Saturday afternoon at 4 o'clock, AS
sociate Justice John r. McFie, of the
First Judicial District Court, made the
following order:
Territory of New Mexico First Ju-
dicial District:
1T is hereby ordered that Mr.. e. P.
Holcomb, be and is hereb appointed
clerk of the District Court of the
First Judicial District of New Mexi-
co, to fill the vacancy caused by the
resignation of Mr.. A. M. Bergere, for
mer clerk of said court, pending the
appointment of another clerk and mis-
arrival in the Territory.
(Signed) JOHN r. MFIE,
Associate Justice of the First jul
dicial District Court"
The resignation was rendered by re-
quest of the Judge. The latter has
the undoubted power and right to
name the clerk of the court, for the
time being, or for as long period as
he desires; but, the question that is
uppermost in the minds Of many OF
the people is why this resignation
was asked.
Mr.. Bergere has been clerk of the
court fer about ten years and has
been considered competent and eff
cient. Mr.. Bergere states absolutely
that the funds of the United States
and Territorial District Courts which
came in his possession have been
properly and promptly accounted for.
No one questions the right and pow
er of the court in the matter, but peo-
ple would like to know the why's and
wherefores concerning this matter.
X. A dispatch sent by the lying cores
pondent OF the Albuquerque Morning
Coyote Journal which appeared yes
terday says:
Judge McFie's prompt action in
acceding to the request OF the govern
ment's representative is quite gener-
ally approved here" AS Judge MIC
Fies prompt action" was not general
ly known until Sunday morning in
Santa Fe, and as no one for several
hours after it was taken Saturday
knew anything about it except the
Judge, the assistant attorney generals,
Mr.. Bergere and his attorney, and one
or two friends, Judge McFie's prompt
action could not have met with gen
eral approval here. The statement
was absolutely baseless, and in COM
mon English "lie."
The New Mexican has not sufficient
information at this time to express
any opinion in the matter, but 1t does
again state that the above was a Ge-
liberate and malicious lie.
The New Mexican will also state
right here that it does not believe
that Judge McFie had anything to do
with the sending of the statement The
lying correspondent Of the Coyote
Journal claims to be on the inside"
This may be so, and 1t may not be so.
1t does not change the situation of
the above lie.
It is understood that Special Agent
William M. Upton has for some
days been investigating facts in re-
lation to the employment as assist
ant clerk in the office of the clerk
Of the First Judicial District Court, Of
Mariana F. Sena, by Clerk Bergere.
The facts in this case are well known
and have been so known ever since
the occurrence. Mr.. Bergere had en-
ployed this man as assistant for some
weeks or months, while the latter was
under a sentence, having been con-
victed in the U. IS. court for frauds
in connection with the conduct OF the
office of supervisor of the census of
1900, while clerk in the Office OF
such supervisor. At that time the
sentence had not been executed, the
case pending action in the higher
court. Whether this had anything to
do with the dismissal Of Mr.. Bergere
could not be ascertained today.
Naturally, the people are very much
interested. Mr.. Bergere mas been
citizen of New Mexico for thirty
years. He has held elective Offices
for several years in the county
Of Valencia and has been clerk OF the
First Judicial District Court for near.
" ten years. That he has no inher-
ent right to the holding OF the ofice,
but that he could be superseded at any
time at the pleasure Of the Judge, is
well known. That some explanation
for the sudden retirement should be
made for the best interest OF all
concerned, Is the opinion that is uni.
versally expressed In the community.
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