Albuquerque citizen., 1907-09-23
FRAUD CHARGERS
FAILED TO APPEAR
None of Them Had Nerve to Face
Court--NO Objections to Auditor
Safford'S Report and
II Was Con-
firmed.

AS published in The Citizen of
Saturday evening, Judge Frank w.
Parker in the Fifth judicial district
court at Silver City, confirmed the
report made by Charles V. Stafford in
the case of II. o. Bursum for an ad-
justment of the accounts of the peni-
tentiary during the time he was the
superintendent, and granted Mr.. Bur-
sum judgment against the territory
for the sum of $4,333.56.
This sum represented the amount
turned into the territory. under pro-
test by Mr.. Bursum, at a time when
he was unable to get a hearing in
court, as wen as a balance shown
to be due him by the books of the
penitentiary.
A Fiasco.
The granting of this judgment and
the failure of any of Mr.. Bursum's
accusers to appear in open court to
testify against him, makes a fiasco
out of the libelous charges of mall
feasance and mismanagement, which
were published with considerable
gusto by the Morning Journal at
every opportunity during the past
two years.
1t also punctures the so-called
Colorado experts report compiled for
the late Governor H. j. Hagerman
In fact, it was shown that when
the books of the prison we're honest
y
sum had money coming to him.
None Appeared.
Not one OF the men who a few
months ago were charging fraud on
all sides had the nerve to appear in
court and make good their assertions.
When the case came up for trial
before Judge Parker, the territory
was represented by the new attorney
general "A. B. Fall. Mr.. Bursum was
represented by H. NJ. Dougherty, of
Socorro, his attorney, and the Colo
rado company, whose alleged expert
compiled the report for II. j. Hager-
man, which the Morning Journal
published, was represented by Neill
b. Field, of Albuquerque.
Not Well Founded.
10. Il. Holcomb, special agent, was
present In court ostensibly as the
representative of Ormsby McHarg,
special assistant to the attorney gen.
eral of the United States.
Mr.. Holcomb said the United
States was not party to the suit
stipulation in the judgment rendered
by the court.
Mr.. Dougherty, representing Mr..
Bursum, and Mr.. Fall, representing
the territory, took up the question
of the exceptions filed by the former
attorney general, G. w. Prichard and
Ormsby McHarg.
The objections were taken up one
at time and disposed of, the court
not finding them we'll founded.
After an examination into the ex-
ceptions, the attorney general stated
that he failed to find where Mr.. Bur-
sum had handled the funds created
by appropriation or the sale of lands
since these funds were expended upon
warrants approved by the peniten-
tiary commissioners.
Mr. Stafford was placed on the
stand and underwent an examination
as to the correctness of his report,
which he substantiated fully.
There being no witnesses to show
that charges of dishonesty ETC., pre-
viously made against Mr.. Bursum
were true, the judgment was rem
dered accordingly. Following is a
copy of the judgment in the case:
Judgment of the Court.
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, Plaintiff
VS.. (No. 5173
Territory of New Mexico)
This cause coming on for hearing
upon the report of c. V. Stafford
Esq, and upon the exceptions here
tOfore filed To the said report by the
defendant the Territory of New Mex
leo, and IL appearing that upon the
completion of his investigation. the
SdAu - '. odllDIuF ISlH llltu Il ut-
tail report in writing herein. togeth-
er with all the testimony taken by
him, and that the said report states
an account between the said plain
tin Holm o, BuTsum, as eX-super-
intendent of the New Mexico Terri
torial Penitentiary, and the Territory
of New Mexico. covering the period
of his several terms Of office. com
mencing on the 18th day Of April
1899, and extending up To and i'm
Guiding the 18th day Of April, 1906
and that the said referee has mad,
all findings of facts necessary to show
the basis of his report; and come
now the Territory of New Mexico, by
its attorney general, Albert b. Fall
Esq, and comes the said plaintiff
by his attorney, II. NJ. Dougherty
and a hearing had upon the excep
tions filed to the said report Of tn,
said referee, and the court being duly
advised, it is hereby ordered, ad
judged and decreed that each anC
all of the said exceptions to the sale
report be and the same are hereby
OVerruled,
And il further appearing from al
examination Of the report Of the sail
referee that he has found all book
Of original entry which were KEEP
during the period that the said Holm