Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-06-08
MUST
STAND TRIAL
FOR BRIBERY
TECHNICALlTIES INVOKED
I'M VAIN BY CHICAGO MAN
ederaI Judge Finds no Merit in
Contention That Legislators
Electing United States Sen
ators Are Above State Law
lBy Morning Journm Special Leased wirci

lBy Morning Journal Special Leased Wiscl
Chicago. June lee oNcill
Browne. indicted on charges of brlb-
cry in connection with the election OF
William Lorimer as United states
senator was finally brought 10 trial
before Judge McSurely in The Grim
inal court late today after the defense
had exhausted every means within its
power to delay the case.
When court adjourned at 4;50 p. m.
the state had rendered four prospcc-
tive Jurors to the defense. The trial
will be resumed al 10 O'Clock tomor-
row morning.
Despite technical fight by his
attorney Browne was brought in
judge McSurely's court shortly after
noon ON a forthwith capias The trial
then began in pertunctury manner
but none of Brownies counsel would
enter court and all remained In an
ante room Judge McSuroly finally
adjourned court until afternoon.
4 busy day opened when Judge
seaman denied the application OF the
defense for @ writ OF habeas corpus.
The arguments had been made Nestcr-
day ana the Judge delivered his opin-
ion Immediately after opening OF
court. The main contention of the de-
Tense was that state Legislators while
sitting in joint assembly To elect a
United States senator were not state
officials but federal officials ana there
fore amenable only "a the federal
courts.
In his decision Judge Seaulon am
swered this argument by quoting the
United States constitution and statutes
governing the election Of senator's.
Counsel for the defense waited UNI
iii states Attorney Wayman and his
assistants had left the court room and
then former judge Hanecy filcd 4 pc
tition for an appeal from the decision.
While Mr. Ianecy was making his ar
gument for the appeal. Judge Nc
surely was waiting for Browne in his
court TO begin the trial.
When Browne did nat apnear Judge
McSurely issued q forthwith capi
for him and also declared his bond Of
$4,000 forfeited. When it was OK
planned that Browne was still in Judge
Scanlons court awaiting a decision on
the appeal Nudge McSurely ordered
service on the capias delayed. The
forfeiture of the original bonds meant
nothing as Browne had been surren-
dered to the sheriff when the applica-
tion for the habeas corpus writ was
made and had been released on new
bond BY ordering the bond forfeited
Judge McSurely showed that he took
no cognzance OF the habeas corpus
action.
Browne was remanded to the GUS
tody OF the sheriff and taken TO the
criminal court for the opening of his
trial. Charles A. White. Brownies
principal accuser and Browne met at
the entrance TO the court building but
neither noticed the other.
Before the examination Of the We
niremen started w. S. Forrest for the
defense, made Il formal motion that
Browne be discharged from custody.
Judge McSurely Immediately denied
the motion. 4 motion to quash the
capias was also denied The defense
then asked for q delay until June 20
but that was denied
While the Venilemen We're being eX
amincd Il new bond for $4,000 was
signed for Browne.