Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-09-24

As a part of n long article on the
recent hearing of what is known as
the "Bursum case" before Judge
Frank w. Parker in Silver City Sat
urday last, the Albuquerque Evening
Citizen, i'm its issue of Monday night.
announces that there was no one pres
ent at the hearing in Silver City who
dared confront" Mr.. Bursum In
court that Judge Parker's decree is
o complete vindication of Mr.. Bur-
sum: that it proves the report of the
Colorado Title and Trust company,
which made the original report on the
penitentiary matter, to be false and
that ii clears Mr.. Bursum of all
charges made against him by that re-
port
This statement is likely to lead to 4
misconceptions OF the scope .nf the
hearing at Silver City ana fails to
take account of certain interesting
facts in connection with that hear
ing at which the report Of Referee
Charles V. Stafford was sustained by
the court and a decree rendered by
Judge Parker giving Bursum iudg-
ment against the territory in the sum
Of $4,33S.66.
In order that the people of New
Mexico may have clear understand
ing of the conditions surrounding
Judge Parker's decision on the refer
ee's report and his subsequent decree
in favor Of Mr.. Bursum, Il should be
stated that stipulation was filed be-
fore Judge Parker and approved by
him, prior to the hearing on the SAT-
ford report, which excludes the Colo
RADIO Title and Trust company's report
from the issues i'm the case and from
consideration in connection with Ref
cree Saffords report. In other words
the report of the Colorado Title and
Trust company upon the management
of the penitentiary finances by Mr.
Bursum, was not considered I'm the
hearing at Silver City and the cor
rectness or incorrectness Of that re-
port was not brought into question.
Furthermore, a careful reading of
the report of Referee Charles V. SAT-
ford will show that when the referees
references to the report of the Colo
RADIO Title and Trust company are
eliminated, there is practically noth-
Ing left to the Stafford report.
Judge Parker's decree merely
grants Bursum judgment against the
territory In the sum OF s4.333.66, the
sum which Safford's report holds the
territory owes him. It excludes the
interests OF the United States and Il
does not bring into question in any
way the correctness or incorrectness
of the report of the Colorado Title
and Trust company. this report having
been entirely eliminated from the
scope of the hearing by the stipula-
tion referred TO, which Is signed by
II. NJ. Dougherty, attorney for Bur-
sum. Attorney General A. b. Fall. rep
resenting the territory, and Neill b.
Field, attorney for the Colorado Titls
and Trust company.
Mr.. Field, who was present at the
hearing I'm Silver City, ana who re-
turned to Albuquerque Sunday morn
ing, was asked yesterday evening as
to the effect of the courts decree upon
the report made by his clients
"ln view of the statement which I
have seen in this evenings paper to
the effect that there was no one with
courage enough To confront Mr.. Bur
sum in court" said Mr.. Field, "T
deem 1t my duty to my client to say
that but for a stipulation which was
signed and Of which / am going TO
give a copy to the public I was pre-
pared to confront Mr.. Bursum In
court, and to show that the report OF
the Colorado Title and Trust COM
panX was correct"
81 had not intended to make this
stipulation public. or TO have any
thing to say about this proceeding and
think Mr.. Rursum could we'll pray
to be saved frqm his friends"
~ feel justified IN saying that the
Colorado Title and Trust company Il
prepared to show In any proceeding,
before any court where such a show.
Ing would be proper, that its report ls
correct"
Tie Stipulation.
The text Of the stipulation referred
to N as follows.
(CopyD
In the District Court Of the Third
judicial district OF the Territory Of
New Mexico. within and for the
county Of SocorrO.
Holm o. Bursum w. The Territory
Of New Mexico.
Stipulation.
II Il hereby stipulated and agroet
by and between II. M. D0ughefty al,
torney for the plaintiff In the above
entitled cause, Albert - FaiI. atiot
ney general 0f Tie territory Of New
Mexico. and Ncll n Field. nttorne.
4 Tor the Colorado title and rrus