Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-06-19
SANOOvAL- URULE
: CASE GOES OVER
TO FEBRUARY
CASE LEFT WITH NO ONE
READY TO PROSECUTE
Anomalous Situation in District
Court at BernaIiIIoi Court ADJ
journS for the Term.

Because the territory was not ready
to 80 to trial the ease Of Emiliano
| Sandoval and Albino curulc, charged
jointly with the murder Of Juan Val.
dez, near Cabezon last fall, has been
continued Until the next regular term
of %SandoVal county court The court
fund for this county is exhausted and
it is therefore probable that there
VIII be no criminal eourt in July.
Should this be the case, the trial Of
S%andoval and Gurule will not take
place until next February. Judge
Abbott adjourned curt at Bernalillo
Yesterday after granting a continu-
ance in the S%andoval case, and re-
turned to Albuquerque last night with
the court officials.
The situation as regards the trial
Of sandoval is unusual and has at
tracted wide attention among attor-
neys in the territory.
The original indictment against
Sandoval and Gurule was brought by
the Sandoval country grand jury
while the county was united with Rio
Arriba county for district attorney
purposes ard Alexander Read of Rio
Arriba county was the district attor-
ney. The last legislature detached
Sandoval county from Mr.. Reads dis
trict and made it a part of the Berna-
lilo district Of which George IL
klock is district attorney. Nj.
Klock was a member of the firm OF
Klock and owen, originally retained
for the defense and Mr.. Klock was
therefore disqualified to act. Mr..
Read At the time the case was callel
was engaged in trying Il murder case
in Rio Arriba county ana could not
be sent TO take charge.
While there is a law directing the
court to appoint an attorney and re
curing him to act for the defense or
a prisoner, there is nc law directing
the court to appoint a p~roseeutor.
rhcrc Is. however, provision under
which the court may request the gov
ernor to direct a lawyer employed by
the territory to take charge Of \
prosecution in which the district at,
torncy of the district is disqualified.
such notice was given to Governor
Curry by Judge Abbott, but not un-
til Tuesday Of this week, when the
governor directed Attorney General
Clancy to take charge of the prosecu-
ton. The attorney general appeared
at Bcrnalillo yesterday and stated
that no was not prepared to take IN
the prosecution until next week. Such
q DELAY being impossible, the court
granted a continuance. The case was
the most important on the docket
Last February Judge Abbott adj
tourned the regular term Of court I'M
til June 18th for the specific purpos
of taking up this case. The changes
In the district attorneships occurred
after The continuance. With Mr.,
Klock disqualified and Mr.. Reed en-
gagged upon another murder case IN
Rio Arriba county, the territory was
left without a prosecutor.
The defendants were represented
by A. b.. Rcnehan Of Santa Zee and
Harry p. owen of Albuquerque The
prosecution had a representative
Tuesday in the person of NJ p
Hickey. also Of Albuquerque, who had
retained as private counsel by
of Valdez, the murdered
man
Tuesday also the attorney general
instructed to take charge of the
case. bat was called 60 Santa re on
business Of the territory which could
not be postponed, and reported that
it would be impossible for him to go
with the case this week Wednes-
day ana Thursday were occupied with
the trial of minor cases and y%cstcr-
day. upon application of the defense
TO proceed. Mr.. Hickey stated tina!
under the circumstances he would not
in the case, announced his
and thus left the territors