Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1908-07-08
CELEBRATED COAL
LAND CASES ARE
DISMISSED
AGAINST PHELPS
DODGE MEN CALLED OFF
Government Moves to Quash
Indictments Against All Par
ties in San the Juan County
Cases.

wv - 49, ~ I1Nf'
Cases.
s,-ciaI dispatch to the Morning JOurnsi.i
santa Fe. n. NJ, July FOLLOW
ing the announcement from san Juan
county last week that the so-called
i.iekctts coal land entries in that
county, which formed the basis OF
the prosecution against Phelps-Dodge
4 Co. and several well known New
Mesico men In United states court
here a year 90, had been restored TO
the public domain INK at once with
drawn from entry. came a motion he
fore Judge John II. McFie in United
Ssates court today by United States
Attorney David J. Leahy to quash all
the indictments against Phelps-Dodge
& Co. the Ricketts, family, Charles A..
Spices, Of Las Vegas, and others In
connection with the Ricketts, entries
upon the ground that the facts did
not warrant further prosecution of the
cases.
The court granted the motion to
quash as to all Indictments and the
action today Is taken to put the fnal
touch to one of the most interesting
episodes in the legal history of New
Mexico.
Something more than n year ago
and Immediately following the violent
stirring up OF charges OF timber and
other land frauds through the activ-
ity of the Bursum-Andrews machine
in its effort to bring about the re-
moyal of former Governor II. j. Hag-
erman. the government sent to this
territory two young gentlemen from
Washington. Ormsby McHarg and u.
Peyton Gordon, with instructions, ac-
cording to the report TO clear up the
trouble in New Mexico" to to pros
ecute wherever prosecution was need
ed. The two young lawyers lost no
time in going about their work. They
stirred up the animals TO a very mark
ed degree. made radical changes in
court officials and instituted a num-
Der of prosecutions against several OF
the largest corporations in the terri
tory against whom, up to the time of
the stirring up of the trouble through
the Hagerman plot, no charges mac
ever been made.
One Of the first Pee .lti nj
tempted was that against Phelps
Dodge & Co.. n some twenty-one in
dividuaIs Tor Alleged Illegal filing upon
coal bearing lands in San Jua coun-
~. Included in h Indictments IN
these cases were indictments not only
against Cleveland II. Dodge. the well
known head of the Phelps Dodge In
%terests, of New York, bur against DIR.
Ricketts,, Of New Jersey. his sister and
another female relative; Charles A.
Spices, now a candidate for the re-
publican nomination for delegate to
congress. who was charged with pre-
pairing papers for persons who fled
on the lanls in question. and a mum
Der of other railroad men and m
ployes OF Phelps-Dodge & CO., in Arl-
IONA.
The case created a violent sensa-
tion not only in New Mexico and Ari-
IONA, but, according to report, In
Washington as well.
McHarg and Gordon, while conduct
ing their case against the Phelps
Dodge people and associates before
the United States grand jury, made
frank and stubborn charges OF jury
fixing and bribery of jurors, forced
the excusing of several jurors and fin
ally secured the conviction Of Ricardo
Alarid. Of Santa Fc. and Gregorio
Grleso. of Taos county, upon charges
of bribing jurors. Alarid was sent TO
the county Jail by Judge McFie for a
period OF four weeks, while Griego
was subjected to a fine.
The whole incident was something
more than a nine days wonder IN New
Mexico and had at least one healthy
effect in the running down and convic-
ti0n of men for the charge often made
in the past but never before establish
ed, of fixing iuries.
Following their successful accom-
plishment of this feat. however, the
career OF McHarg and Gordon In New
Mexico anne to a somewhat sudden
close. McHarg vas sent to Oklahoma
to take charge Of government prosecu-
lions there and Gordon n short time
later was returned to Washington.
The return of the coal lands which
caused the trouble to the public do
main. and the quashing OF the indict-
ments today Indicates hat the matter
has been finally ajusted to the salts
faction OF the authorities at Wash
The United States attorney today in
filing the motion to quash said hat
the facts as now existing did not seem
70 warrant the government in pro-
ceedings further in the case.
]