El Paso herald. (El Paso, Tex.) 1901-1931, 1912-05-15
Asked for Pass From Road
He Was Prosecuting, Ac-
eOrding to Letters-His
Activities in Other Lines.

Says the New York sun Of Friday
May 10: Maj. William H. H Level
lyn. who was an officer in Col. ROOse-
velt's regiment of Rough Riders ana
was subsequently appointed Jnlleu
States district attorney for New Mex
leo by president Roosevelt an oL-L-9
which he resigned in November, lsV g
cells in letters which were suDmlLleo
10 supreme court justice Blanchard yes
terday of efforts 10 get pass from IL ne
Santa Ee railroad in 1895 Tor Col VI II
liam j. Hartley, business assoele-.s -
although he was prosecuting the 9t-l-to
Fe for Relating a that time Inc re-
tiers also describe MAI. LeWelIyn actIN-
lty in stalking out mining and lrIlsdl-oH
claims in behalf Of himself ana assOcl-
ates while United States attorney
The letters were submitted 10 me
court by Col. Hartley. who IS a promo
ter and member Of the New YORK Atm
letic club, on motion 70 FaGale 80
service of papers in a SUIT on a Aot9
for $4,000 for his share OF the eA-
Denses of mining promotions IN New
Mexico in which he was interested
with MAI LeWellyn and Harry A foln,
the Philadelphia brewer The sult
against Hartley is brought by FoIh,
who obtained an attachment on the
ground that Hartley IS not a reslcenE
of New York The defendant contend
ed that the papers were not sert ca On
him. but were lerr with the Qoorhe5p per
4 i
Insisted that this was sufficient reason
10 stay the sheriff from levying upon
his property. The court decided that
Col Hartley had made his application
too late and vacated the stay OF eXecu-
IN his answer TO the suit, Col. Hartley
saws that on February g, 1906 ne anu
POth entered into an agreement with
Mai IIeWelyn by which they We're 70
mine gold in Pot Hole, "a the Las AMI
mas mining district of New Mexico,
and under the agreement district at
torney LLeWellyu was 10 have 90 per-
cent of any profits, Poth So percent
and Col. Hartley 20 percent The last
named alleges that MAI LleWellyn ana
POth extracted $780, 600 in gold and
other values out Of the property and
that Poth retained all his share DE
accordingly puts in q. counterclalm 4oT
col Hartley submits the letters from
Mai. LleWellyn to prove that the latter
recognized his interest in the venture
81 New Mexico, but several or the let
ters mention Maj Llewellyn's unsuc-
cessful efforts to get pass Tor Col
Hartley from Chicago to New Mexico.
One letter written on Feb. p, 1906, said
that he had made application for
pass but had not received H. A rev
DAYS later Maj. LleWellyn wrote
u have never succeeded in getting
pass for you and I cannot press II TOO
far on account of the position am
holding ] spoke to a personal friend
Of mine connected with the santa re
for your pass, but cannot be put IN
The Dosition OF asking for one as an
official request Of the United States al
on june IS. OF that year, Maj. Lew
ellyn wrote
After seeing you L returned to Las
Vegas and drew the indictments which
the grand jury returned against the
santa Fe and the Colorado Fuel and
Iron for rebaung in shipments OF coal
and coke. The santa he has so Tar de-
clined to issue a pass l presume the
rate bill viii cut out the passes en-
tirely"
Mai. LIeweIlyn wrote in the same let
ter that he had decided TO organize an
irrigation scheme for his partners, and
said;
1t IS impossible to handle the water
at the Pot Hole. 7 am preparing artt-
CIes Of incorporation to take the water
out Of the Percha river for irrigation
purposes. As soon as I get the com
pany in shape ] may come to Philadel-
phia. with the photographs Of the en-
tire canyon and the water and the
land TO be irrigated and try to place
some Of the stock there and issue
bonds to secure the money necessary to
complete the dam You see our SO
acres cover the actual site of the dam
and we can turn same in TO the cOmpa-
ny for a good price"
On September 25, 1907, about a month
before he Teslgned as district attorney,
Mai LleWellyn wrote that he had been
at HiusbOrO, the site Of the dam. with
the surveyor general OF New Mexico,
also Rough Rider. Maj. LleweIlyn
I have located additional ground.
placing YOU ana M POth in as lOcat-