Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1910-09-28


Miguel Barbero.
Benigno Muniz
Anastacio Mora, of San Pedro.
J. E. Montoya, of San Ildefonso.
Enrique ortiz.
Tomas Romero. .
| Monico Carrillo.
Jose Rodriguez.
Manuel B. Salazar.
These twelve men brought in a YER
dict late last night after several
piano dealer is guilty of embezzling
$150 belonging to Bronson Cutting of
| this city. The case was tried before
Judge McFie and after three days de-
voted TO hearing of witnesses and ar
guments by counsel, it was given to
the jury yesterday afternoon, after
Judge McFie read his charge.
Mr.. Eyles was indicted on the
charge of embezzlement last week by
the territorial grand jury before the
| jury was dismissed. The territory was
represented in the absence of Col. Alb
bott by Acting District Attorney c..
C. Catron, assisted by Attorney Fran
els C. Wilson. A. B. Renehan of Rene
han and Davies, represented the de-
fendant, although Mr.. Davies appear
ed at the opening of the case.
How it Happened.
| The indictment of Mr. Eyles for en-
bezzlement grew out of a transaction
with Mr.. Cutting over the purchase
of a piano. Mr.. Eyles, according to
testimony introduced by the prosecu-
ton, was commissioned by Mr.. Cut
| ting to go to Denver and there select
him grand piano which was to be
delivered in Santa Fe and cost $400
Mr.. Cutting advancing Mr.. Eyles the
sum of $3.50 in order to expedite the
| transaction. In case no satisfactory
piano could be found in Denver, Mr..
Eyles was to return the $3.50. In
stead of executing his commission Mr..
Eyles sent to New York for piano
which did not fulfill conditions, the
Territory maintained. On hearing of
Mr.. Eyles' action, Mr.. Cutting asked
for the return of his money, but Mr.
Eyles never returned the money.
! Mr.. Eyles announced early last
week that he would leave town in a
couple of days" to travel but that he
would maintain some kind of office or
keep desk here. Before Mr.. Eyles
left town however Mr.. Cuttings
statement of his dealings with Mr..
Eyles was brought to the attention of
the grand jury and that jury prompt
ly indicted Eyles on the charge of
embezzlement. ..
Overrules Motion.
An interesting feature of the case,
too, was the effort made by Attorney
Renehan, representing the defendant,
to have the case thrown out of court
on the ground that it was civil, not
criminal action. This motion, how
ever, was overruled by Judge McFie.
In discussing the verdict today Mr.
Renehan said that he would make a
motion for new trial.
Intellectual Brilliance.
Apart from the prominence of some
of the witnesses for the Territory
against Eyles, the case might be said
to have presented some of the highly
interesting features of famous false
pretense cases, though, when news
paper man in testifying in the case
suggested such an idea, it was re-
sented by Attorney A. B. Renehan,
who sarcastically insinuated that the
newspaper man (who, by the way,
was familiar with lne case before Mr..
Renehan's services were needed by
the defendant) did not even know
the charge on which the defendant
was in court. Although not desiring
to give the impression he possesses
the brilliant intellectual gifts of Mr..
Renehan, the newspaperman was
aware that the charge against Mr..
Eyles was embezzlement, though he
did not know at the time of testify
ing, that letter would be introduced
by the defendants own counsel, Mr.
A. B. Renehan, against the protest
of the district attorney, and would
later be proved by experts to be a
forgery, to the great detriment of the
defendant, represented by Mr.. Rene
han.
| Was a Boomerang.
! Yes, more interesting than making a
false pretense, committing breach
OF trust or the act of an agent fraud
ulently appropriating money to his
own use, was this charge made by the
Territory that Mr.. Eyles, to bolster
up his case had forged a letter pur-
porting to have been sent by his
brother to him. The testimony of
Major R. J. Palen, president of the
First National Bank, and recognized
expert on handwriting for many years
and also the testimony of former Gov
ernor Otero who now is the ter
ritorial treasurer, also an expert on
handwriting, was that Eyles' own
Handwriting and that Of the letter
from his brother" were one and the
same.
! This letter had considerable weight
with the jury in leading them to be-