Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-11-03
Holds That AIarid Denial of
Charges Of Attempting to In
fIuence Jurors Does Not
Purge Him Of Contempt
DEFENSE LAYS THE
FOUNDATION FOR APPEAL
Decline 10 Cfoss-Examine Wit
neSSeS introduced to Prove
Charge and Hearing Goes
Over Until Monday,

lSpecfai nsphtcn 10 the ""'& SVurhn''i
Santa Fe. n. NJ. Nov. 2.-If, as is
charged, jury fixers have been at
work here during the recent session
OF the United states grand jury here.
Judge McFie undoubtedly administers
! ed a severe jolt to them today when
he delivered his opinion In the case
against Ricardo Alarid, who Is
charged with contempt of court, and
who Is specifically charged with hav-
ing said that he had" eight members
of the grand jury.
Alarid had filed specific denials to
all OF the charges against him, and
his attorneys had contended that In
making such denial he had purged
himself of contempt
The court today ruled that Alarid's
denial does not purge him Of con-
| tempt, and that the evidence In the
case proceed.
The argument in this case was
commenced on Thursday morning,
when r.. c. Gortner, appearing for
Alarid, contended that Alarid's denial
under oath Of the charges made
against him was sufficient to clear
| him of the contempt charge. and that
| no other evidence could be introduced
TO prove the charge. lie cited numer-
Gus authorities 10 prove his conten-
tion. but Assistant Attorney General
| Gordon called the at.eEtioh OF the
court TO the idct ihat the cases cited
were all in state courts and contended
that they were not In point. He cited
/ many authorities and went over the
ground thoroughly. He admitted that
the contention of the counsel for Ala
| rid was correct I'm assuming the posi-
| ton which they did as to cases arising
| in the common law courts, but that
these cases did not apply to the mat
| ter under consideration.
Mr.. Gordon was followed by
Thomas b. Catron. who presented his
side Of the case in his usual able man.
ner. and at the close OF his argument
on Friday afternoon the court an
nounced that he desired to look up
some cases in connection with the
matter and would render his decision
this morning. At the morning ses-
sion this morning Mr.. Gordon made
some additional remarks. and then
Judge McFie rendered his opinion in
the case.
The opinion rendered by Judge Me-
Fie was OF considerable length and
showed that the judge had given the
matter careful attention and that he
had taken into consideration large
number OF cases. He stated that the
case under consideration was peculiar
At the time that the alleged contempt
was committed there were no cases
pending. either at law of equity, be-
fore the court. A grand jury was In
session and the criminal laws Of the
United States We're being considered.
IL could not be said that this case
grows out OF a common law case, be-
cause there were no common law
cases pending. nor could IL be said
that it grows out. Of equity. for the
reason that there was no equity case
pending before the court.
Judge McFie read at some length
from decisions In United States eases
as to the power Of courts to punish
for contempt and. as the question as
to whether the court is. in reality.
United States court he read the act
Of congress In relation to district
courts sitting In a district OF the ter
ritories for the trial Of United States
cases. declaring that these courts
have the same jurisdiction as the cir-
cult courts OF the United States and
he held that this court has inherent
power to punish for contempt when
sitting az a United states court. az II
Is now sitting. and he held In the case
pending the answer is not conclusive
and that the hearing Of testimony be
proceeded with.
The court then took a recess until 2
o'clock.
At the afternoon session objection
was made by Mr.. GOrtner, counsel for
Alarid. to the taking OF testimony
and the foundation was laid for an
appeal The government introduced
the testimony OF four witnesses In
support OF the allegations carried In
the Information. These witnesses
were Leo Hersch. Frank Grygla. J. r.
Sandoval and Jose Lopez. The Wit
nesses were not cr0ss-eNamined by
counsel for Aiarld. and Alarid did not
go on the stand In his own behalf Al
the close Of the testimony Mr.. Gort-
ner requested that further action In
the case be postponed until the return
Of Mr. Catron. who left the city this
morning. and who o. expected 10 re-
turn on Monday afternoon.