Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1912-03-28
LAWYERS ARE
SUMMING Up
Investigation Committee VIII
Report by Saturday
Evening
DECISION PLANNED THIS WEEK
Grave Constitutional Questions
Raised by the Attorneys for
the Defense.

VehementIy declaring that the
rights of the legislative had been in
vaded by the executive; that the con-
| stitutional prerogatives of the as9
sembly had been violated. Colonel
| George w. Prichard. attorney for the
!, defense, this afternoon outlined t,
the House Bribery Investigation Com
mittee the law points involved, laying
!, especial emphasis upon the necessity
O. setting a precedent in furnishing Sc
verely the recaIcitant officers who
refused to deliver to the House serge
ant-at-arms, the four defendant leeis-
lators although he presented to the
sheriff and the jailer the resolution
Of the House placing the prisoners in
the custody of the sergeant. If the
petty officers Of Santa Fe county can
arrest four legislators without sworn
charges, without warrant, without
! commitment papers. and keep them
in jail for two days and two nights,
what is to hinder them from throw
ing the entire legislature into Jail,
was his argument. He also outlined
what he considered conspiracy to
get these four legislators out of the
way because they were pledged to a
certain senatorial candidate CIV. H.
! AndrewsD B. NJ. Read, the other at
torney for the defense. dssected the
testimony and sought to show that
no man coJId be convicted under it:
that the four witnesses were absolute
] y consistent in their story while
those who testified for the prosecu-
! ton were not. Judge E. r. Wright for
/ the committee, also analysed the tes-
| timony, and caused a mild sensation
/ by seeking to introduce public records
| to show that one of the defendants. J.
| p. Lucero, had not only been arrested
! but had been indicted for selling
liquor to the Indians and that the
case has not yet been tried. The
committee expects to bring in it's re-
port on Saturday, and the House eX-
poets to act on it before it adjourns
Saturday evening.
INVESTIGATING COMMITTEE
! When the House bribery investiga-
tion was resumed this afternoon with
! Chairman NJ. c. de Baca of the COM
mittee, presiding, Attorney Z. r.
Wright offered record. including a
certified copy of an Indictment of
Jose P. Lucero, for selling liquor to an
Apache Indian, in order to show, not
that defendant had been indicted for
some offense but that defendant had
not been telling the truth yesterday
when he testified that he had never
been indicted. The Indictment had
been returned in June of last year and
Lucero through his attorneys pleaded
not guilty according to the record Of
the district court for Rio Arriba coun-
ty. Bail had been fixed at $1,000 and
the case has not yet been tried After
considerable argument, the introduce
ton Of the record was permitted The
defense entered an objection. LucerO
in rebuttal declared that he never
gave bond and therefore did not
know that he had been indicted, and
that he was innocent of the charge
Attorney Wright in opening the ar.
gument, stated that his endeavor has
been to get at the facts, that his con-
ception of his duty had been that he
was an inquisitor rather than a prose
cutor, but that now he must base his
arguments on the assumption that the
evidence presented proves the accused
men guilty Of the charge pending
tagainst them There are no constitu-
tional questions involved in this hear
ing, said Wright, and he presented
: clearly and logically his position.
There are two issues in this case: Did
: these men solicit or accept (either
one) a bribe?' IF they did. is this
sufficient cause in New Mexico, to ex-
pei these men from the House?" The
constitutional questions to be raised
by the defense have absolutely no
place in this case. The last count in
the charges, general or saving
clause, was withdrawn and judge
statement of facts as to the other
three counts, the soliciting of a bribe
on March 16 and on March Is, and
the acceptance of brbe on March
Is. The evidence was then carefully
l reviewed and conclusions drawn
therefrom. He explained minor dis
crepancies in the testimony of witness
es and the difficulty of getting the
same story from various witnesses to
the same happening. But on all ma
terial points the testimony of the wit
nesses for the prosecution agrees.
Judge Wright then reviewed the hap
penings on March Is to Is, in chrome.
logical sequence, reconstructing the
events as he declared the testimony
presented them
Judge Wright emphasized that the
only motive that animated Prosecut.
ing Witness Elfego Baca in his part
OF the episode was that the legislative
assembly be kept free from the taint
of bribery.
Which set of witnesses told the
truth of the occurrences in room No.
A. on the evening of March IS?
The five witnesses introduced BY
the prosecution: Colonel venceslao
Jaramillo, Jose D. Sena, Elfego Baca.