Albuquerque citizen. [volume] (Albuquerque, N.M.) 1907-1909, 1907-09-14
DEFENSE SAYS SPANISH
BULLION CASE IS
ALL WRONG
Nothing But Error From Start
as 1t Never Should
Have Been
Tried.
STILL ATTORNEYS ASK
FOR A new TRIAL
Their Application. Filed Today In
Federal Court at Denver. Gov
erS Nearly Every Known
Allegation and Is Very
Voluminous.

Denver Colo, Sept. 14.-Alleging
that the United States court made no
less than 1O9 errors in trying the
mining fraud cases recently against
the Lost Bullion Spanish Mines COM
pany. the attorneys for the defense
of the company yesterday filed in the
United States district court a motion
for a new trial
1t is a formidable document con-
sisting of about pound of typewrit-
ten paper. In detail it specifies in
stances wherein 1t is claimed that
the court has erred. From hasty
glance at the document. one might
reach the conclusion that the attor-
neys for the defense objected to
about everything that was done in
connection with the trial of the case.
This is the case in which the min
ing company promoted a big cave
near Silver City, n. NJ. as a valuable
mine, the United States claiming that
there was no ore in the cave and
alleging that the company used the
mails to defraud. All the officers of
the company were recently convicted.
"Ncver Was Any Case"
In the first place, says the motion,
the verdicts against the various de-
PENDANTS We're contrary to the law
and in the second place the verdicts
erance of evidence"
Having thus disposed of the YER
diets, the attorneys go on to enumer-
ate successfully the various alleged
errors of the court. The court erred
In. the first place, they say, by admit
ting any evidence In the case at all
for no offense is stated against the
United States" This proposition of
the attorneys Is Introduced into the
wi i'm nf
the fact that the charges against ths
various defendants were fraudulent
use of the United States malls and
conspiracy to defraud
Want Another Trial.
And having said that the verdlcts
were wrong and that the cases should
never have been tried at all, the at
torneys ask for another trial on
lot of other grounds. They declare
that the court should not have ad-
mitted certain exhibits presented by
the prosecution. These exhibits. say
the attorneys, were not mentioned
in the indictments, and therefore had
no place in the trial. Then II Is
claimed that the court erred further
in refusing to admit exhibits offered
by the defense. Among the particu-
lar things that the defense says
should not have been ad.ni.tcd are
certain articles which were published
in various newspapers over the state
as the defense contends that 1t was
not clearly shown that the defend
ants were responsible for the appear
ance of these articles.
Other Allegations.
About a dozen of the 109 errors
of the court are included in objec-
tions made by the defense to the
courts instructions to the jury. In
this connection 1t is claimed that the
court erred in refusing to instruct
the jury as requested by the defense
and in instructing it in another fash
ion. The last allegation Is that
there were errors too numerous TO
mention and errors that are manifest
upon the face of the record. No
date has been set as yet for the argu-
ment on the motion.