Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1910-08-29
WILL ADJOURN
WEDNESDAY
MIR More Opinions Today
Territorial Supreme
Court
H0s. r. THEM IMPORTANT
yg cs T1 ee Far Reaching in
dis lrt arpretation of
3 atutes.


Eta 7iJ, ian supreme court will
az .su ,r 81 nesday, after the bus
les s.m sld In many years.
tbs fovM.oa al case No. 1916,
Aaror .sr... otnljee, VS.. New Mexi-
co Prmlc- sfH company, ct al, ap-
pellan G~o1 aio1cta county, decid-
ed at t +, taru yi -ouLt, a motion for
reheari1 t~- a1n4ed.
Case -. l3-4, Michael O'Neill, ap-
pellant, vs. Fred J. Otero, special mas
ter, appellee, involving mining claims
in Santa Fe county, appeal from San
ia Fe county, was argued and sub
mitted.
An order was entered extending the
temporary license of George M. Peet
at Roswell.
The territorial supreme court today
handed down nine opinions and has
prepared several more opinions to be
handed down before adjournment is
taken on Wednesday of this week. In
case No. 1890, Territory Of New Mex
leo VS.. Dick Eagle, Bernalillo county,
the judgment of the lower court is re-
versed and the case remanded for
trial. The opinion is by Associate
Justice Edward R. Wright. The de-
fendant, Dick Eagle, was indicted at
the September, 1908, term of Valencia
district court, for murder in the first
degree, for killing Pueblo Indian,
Santiago EteeWa. The jury in Ber-
nalillo county, where the case was
tried, returned a verdict of murder in
the second degree and the defendant
was sentenced to twenty years in the
penitentiary. The syllabus says:
l. Where a dying person makes no
declaration that he knows his danger
or is conscious Of his impending
death and there is nothing in his
conduct, or that of those present, un-
derstandingly acquiesced in by him,
from which such consciousness of i'm
pending death may be ascertained;
yet, where it is reasonably to be in
ferred from the terrible character of
the wound and his state of illness that
he was sensible of his danger and
conscious of impending death, his
statements, made under such circum-
stances, relative to the homicide are
properly admitted as a dying declara-
ton.
2 Under a statute providing when
the jury retires to consider it's verd-
let it shall be allowed to take the
pleadings in the cause, the instruc-
tions of the court, and any instru
ments of writing admitted as evidence,
except dispositions" it is error to per-
NIT the dying declaration which has
been reduced to writing, to be taken
to the jury room for investigation
and examination by the jurors.
In case No. 1881, Territory of New
Mexico, appellant, VS.. Eastern Rail
way Company, appellee, appeal from
Chaves county, the judgment of the
lower court is affirmed in an opinion
by Associate Justice Ira A. Abbott.
The syllabus says: "The defendant
the Eastern Railway Company of New
Mexico, was the owner by purchase,
from the Pecos Valley 6 Northeast
ern Railway Company, of railroad
from a point on the southern boun-
Diary line between New Mexico and
Texas, northeasterly to point in the
town of Texico, at or near the easter.
ly boundary line between New Mexico
and Texas and, by construction, a
railroad extending from Rio Puerco
station on the Santa Fe Pacific rail
road, in Valencia county, easterly to
a connection in Texico with the pur
chased railroad at it's terminus there
1t built branch road from Clovis, on
the railroad it had constructed few
miles west from Texico, to a point
near the station of Cameo on the frs
named road which point is also g
few miles west from Texico, began
running all trains to and from Texice
which had heretofore been run ovel
the Pecos Valley and Northeastern
railroad, over said branch road anG
by way of Clovis, over the portion o.
said constructed railroad between
Clovis and Texico, and abandoned the
portion of the first named railroad be
tween Texico and the point near Ca
meo where the branch road connected
The distance from Texico to the las
named point is 1872 miles, and be
tween the same points by way of Clio
Wis 10 miles.
Held, that the change was within
the statutory authority of subsection
II, section 3S47, C. L. 1897.
"The directors of the defendan
company did not take action to au
thorize the change specified in tn
preceding paragraph until after tn
change had been made and after sui
was brought to prevent its consum
nation but did take such action be
fore trial.
'sHeId. that the state of facts at tn