Las Vegas optic., 1911-10-31

amount alleged to be due by the
fake" report of the Colorado ex-
pert" The demand was made with
the confident expectation that Mr.
Bursum would refuse 1t and that he
could be then arrested for embezzle-
ment upon an information to be filed
by the then assistant attorney general
and district attorney who was an ap-
pc.n'c Of Mr.. Hagerman. The de-
man on NJ. Bursum was made and
be promptly made the payment for
the falsely alleged shortage under
protest. Mr. Rursum requested by his
attorney that he be allowed to settle
the matter in the courts as he d.d not
owe the money or any part of it.
This request fcf fair hearing was
refused by Hagerman's explicit di-
reotion. AS 8 well known Bursum
could file no suit against the territory
without the consent of its attorney
general, that being the law He was
forced therefore by Hagerman's or
ders refusing him recourse to the
law, to stand for a time before the
public in the position Of having had
to repay money which it was claimed
he had received and had not account
ed for. 1t was necessary for him in
order to get into court and to have
any kind of hearing at all to appeal
to the legislature.
| When that body convened Mr.. Bur-
sum placed his case before it. Every
conceivable effort was made by Ha-
german to prevent the passage OF
an act allowing Bursum hearing
before the court. The legislature
however, passed such an act and
placed it before Hagerman and he
did not dare refuse his approval OF
1t.
Upon the passage of this act ad-
hitting him to hearing in open
, court Mr.. Bursum Immediately fled
: suit for an accounting. The applica-
!. tion for the appointment of a referee
9 came up in open court for hearing
and | was named by the court as SUCH
q referee. / secured leave OF absence
d from the then acting governor, the
late ]. w Reynolds, accepted the ap
n pointment, qualified as required oS
:. law and made a thorough examlna
l. ton reducing the same to state
r ment and report. Before going int
d court with this statement and repor
VII submitted the same TO Mr.. X. =
IS Gortner, the same district attornel
II who under Hagerman, was to have
< filed an information and secured TIT
n arrest of Mr.. Bursum for embezzie
e ment. My statement and report wer'
1t at the same time submitted to MI
II E. P. Holcomb, and after going owe
d teh entire matter with them in detai
l. both Mr.. Holcomb and Mr.. Gortne
il expressed themselves as satisfied a
y to, the correctness of my work.
d Afterwards | submitted my state
n ment and report to the court at reg
a. ular session of said court at Silve
City and after spending severa
b hours on the stand, explaining in dc
e tail any and all parts of my reports ol
4. which information was desired, in re
II sponse to questions by Mr.. Holcomt
e representing the department of tn
n interior, Judge Fall, who appeared fo
II the territory and Mr.. Neil B. Field
e who appeared for the Title Guarantee
land Trust Co., of Colorado Springs
b whose representative Hagerman EN-
e ployed to make his original report
S my report and statement were az
d proved by the court without objec
e tion from either Mr.. Holcomb, Judg
n Fall or Mr.. Field.
b This report of mine and my state
d ment with the exhibits and testimon.
e Continued on Page Five)