Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1913-10-03
one YEAR TO IS
MONTHS IN PEN
FOR LUCERO
State Representative Convict
cd Of Solicitation Of Brib-
cry Fails to Escape With a
Fine.


Especial Cogresuonaesce a. ths niernlai
Santa re. n. NJ, Oct a.--Ono yenf
90 eighteen months In tho penltcn-
tiary was the sentence Hieted cut
yesterday by judge n. G. Abbott to
Jose Il. LueerO, Of LumhcrtOn. nlO
ArTiba county, member ot the state
house OF representatives, convicted
recently OF solicitation Of bribery m
connection with the election 81 a
United states senator from New Mex
leo. Lucero was caught In a trap ar
ranged In Room "A Of the Palace
hotel. Il IL alleged. Hon. Eifego bacu
OF Albuquerque playing a prominent
part in the arrangement resulting ln
the arrest Of Luccro and three other
men,
In sentencing the prisoner Judge
Abbott said.
In this case you have seen az to
contest the proceedings and the case
went before jpry. the state wont
10 the expense Of a prosecution. I
do not therefore see "a to impose tho.
minimum penalty OF a fine The SEN
tcnco OF this court therefore Ia that
YOU be confined IN the state pcnltcn-
tiary for not less than one year nor
more than eighteen months"
Judge Abbott had ovcrruicd mo-
ton for a new trial and granted the
appeal 60 the supreme court. fixing
the supersedcas bond al $500.
Attorney r.. r. Davies. who defenj-
ed Lucero az the trial before a jury.
was In court 90 make final pies
for his client.
As the Judge took his seat he adj
dressed the attorney. saying: "Mr.
Davies, have you anything further
to say In this case?"
In his reply Mr.. Davies said;
your honor. / wish 70 call the
courts attention 10 the record in
this case. with which your honor is
thoroughly familiar.
cor course Il is the purpose OF tho
defendant 10 appeal. but In view OF
the fact that this offense being estab-
iished by the constitution OF the new
state and liz the first OF It's kind un-
der the law, and In view OF the man
ner In which Il was brought about
(if the ofGense was committedb
feel that Il Is the duty OF this court
10 inflict the minimum sentense.
IL do not believe that the impos-
ing OF a penitentiary sentence In tins
case should be demdndod; believe
that a fine would be Just as effective
as Incarceration. For this reason {
respectfully ask the court 10 Apply
a fine rather than penitentiary
sentence"
To the district attorney Judge An
hott said. Mr. Read. what have you
To say?"
81 have nothing TO say. your hon
or" replied the prosecutor
The judge then turned to tho de-
PENDANT, who arose ana asked Il he
had anything 20 say. Mr. Luccro
said few words which were am
cult To understand, Judge Abbott
questioned him again and Mr.. Lucerc
said he had nothing further to say.
The judge continued
"Mr Lucoro. you have been con-
lvicted by a jury OF the crime OF So
llcitatlon OF bribery made q crime
by the constitution Of the new stata
Of New Mexico. You were charged
with soliciting bride az the time tho
Iauestion Of tho selection of Two Unit
ed states senators WAS pending.
~ regret that II has become my
duty To pronounce sentence on you; l
regret that II IL my plain duty 10
perform this act. but as Il IN my
duty I shalt not finch from II.
1T was exceedingly unfortunate
for New Mexico that such matter
as this was necessary. We know
from the papers and recnrds that
bribery has been going on In elections
held In older states than New Mex
leo. The people OF New Mexico we've
determined to put stop To II as Gar
as this state, this now state. WA
. | concerned
1.-THE day has come when brlber,
must stop In New Mexico People
elected To office must perform their
duties without bribcE n bribery