New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-05-10
ROUGH RIDERS LETTERS
Defendant in Mining Deal Suit
Quotes Major LIeWeIIyn.
HOW HE TRIED FOR A PASS
Roosevelt Appointee at Time
Was United States District
Attorney in New Mexico.


c!iyn is mentioned in a suit which Harry \.
Poth a Philadelphia brewer. has brought
osaiust Colonel william J. Hartley. a pre-
rlotcr over a transaction growing Out Of
mining property in New Mexico. Po;t is
sgrg for 10000 on note, and Colonel
Hartley has made a counter claim for $780,
Goa as part OF the profits % the mining
venture
Major LewC,.yu is In In" case. as bust
no s.. associate of the defendant, and letters
written by him while he was uitei states
D!atriCt Attorney in New Mexico have been
introduced In the case. II" served with tie
Rough Riders in the Npauish-American
War and got his appointment "A United
states District Nttorncv from President
Roosevelt Els former military chief. lie
resigned in 1901
one Of the letters written Dy jor Lew
al!yn IN 1906 to his associate Ma Jor Hart
ley. referred To his efforts to get pass for
thu latter on the Santa Fc Railroad. which
b. was prosecuting at the time for alleged
r.hat'ne. Aroth", letter told - his work
n, stalking out mining and irrigation claims.
The matter came before Justice Blanch-
ard Yesterday on motion ~ the defendant
Il" tacato an attachment obtained IN the
suit by poth. as Colonel Hartley Is q nom
resident temporarily nvinC mt IN" New
NoIt Athletic club. of which b." is "a mem
lc.. Tn. motion Of m" defendant vas
blead on Tho contention that the papers in
th- suit We're served on an employc Of the
club and not on him personally. Justice
Blanchard denied the motion. saying hat
colonel Hartley had made his application
too late. The court also vacated the stay
oi execution obtained by the defendant
pending his motion
The note on which suit was brought rep
T, scented Colonel Hartley's share OF the *
pcnscs I'm promoting the New Mexico enter
prise Colonel Hartley said in his answer
{. at in February. 1905 he and Poth made
an agreement with Major Llewcllyu, under
which IL was arranged to mine gold IN Pot
Hole. in the Las Animas district Of New
Mexico. The division Of the profits was ar
ranged thus Llewellyn. so per cent; Poth,
50 per cent. and Hartley. 90 per cent. Colo
mel Hartley alleged that Major level n
and Poth took out Of the property ;20o,ooo
worth Of gold and other valuable ore and
that Poth retained all the share that be
longed 10 him. Therefore he pat In his
counter claim for $4,000
The letters written 10y the former United
States District Attorney we're addressed 10
colonel Hartley who introduced them In the
case 10 show that Major Llewelyn rec'g-
n!2ed his interest in the venture. one OF
these communications. dated February %.
1906 told Of the writer making application
for a pass for the colonel Then another
letter, dated . few days later, said on the
same subject
have never succeeded in getting pass
for you and | cannot press il too far on
account OF the position ! am holding.
81 oke 10 a personal friend OF mine con-
nected with the santa Re for your pa's.
but I cannot be put in a position OF asking
for one ns official request OF the United
States Attorney
Major Llewellyn wrote 10 Colonel Hartley
on June 10. 1906.
After seeing you ! returned m Lac Vegas
and drew the indictments which the 6rHnd
jury returned against the Santa 10 and
the Colorado Fuel e. Iron for relating In
shipments OF coa and coke. The Santa Fe
has 80 far declined 10 issue pass. pre-
sumo the rate bill will cut the passes en-
tirely.
In the same letter Major Llewellyn wrote
that he had decided to organize an irriga-
ton scheme for his business associates.
He said I'm part
II is impossible TO handle rhe water NJ
the Pot Hole am preparing articles or
incorporati 70 take the water out OF the
Percha River for irrigation purposes. As
soon as get the company In shape | may
come TO Philadelphia with the photographs
Of the entire canyon and the water and the
land 10 be irrigated and Try 10 place some
OF the stock there. and issue bonds 10 SO
cure the money necessary 10 complete the
dam You see. our eighty acres cover tho
actual site Of the dam and we can turn
same In 10 the company for good price.
While Major Llewellyn was acting as
United States District Attorney his son.
Morgan IIeweIlyn, who also was Rough
Rider. was surveyor general OF New MeNi-
90 ard aided him ia his land scheme.
iaT7 ,ftnr Drmsbv McHarg. special agent
Of The Department OF Justice at Washing
ton. had reported that Major LIeTellyn did
not cooperate with him In the lnEes,gas,
lion and prosecution o. aHegeo lana
frauds