The Clayton news. (Clayton, N.M.) 19??-1954, 1915-07-17

1
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Last Friday and Saturday and
part Of Monday, were taken up in
la special session of district court,
Judge Lieb presiding, in hearing
the evidence in the case of the State
lOf New Mexico VS.. RObL T. Mansker.
sheriff of Union county. About thir-
ty witnesses were examined, aud
their testimony considered damag-
ing to the defendant District At
tOrney Remley and his assistant, o.
l.. Phillips represented the state and
prosecuted the case vigorously. Mr..
Mansker was we'll defended by At
tOrneys Leahy and TOombs. The Or
der of the court is only temporary
and Mr.. Mansker will have a trial
by jury at the regular September
term. Lack of space fOrbids the pub
licatiOn of the testimony. Below
will be found, in part the decision
of the court as furnished The News
by the official court stenOgrapher:
The other cases having been dis
posed of, the court will now give
its decision in the state VS.. Man.
skier, sheriff, in which the evidence
was concluded yesterday.
" remember that on the last day
that | was here at the last term of
court Mr.. Phillips, the Assistant
District Attorney, and myself, had
the sheriff come to my room. and
we had "a very serius talk with
him. a few days before we had
sent for the sheriff on Sunday night,
and under our eyes, had directed
him to make raid upon a gambling
den which we had been watching.
AS a result of this raid over twen-
ty persons were brought before us,
from this one den, and, from the
evidence resulting, it was disclosed
that gambling was going on in the
same manner in all the other SAL
OOns in tOHnZan appalling eoDdi-
tion that should make every right
minded citizen of Clayton hang his
head in shame AT that interview
we very frankly told the sheriff that
such a condition did not look well
for him; that il was his duty TO ap-
prehend persons so engaged in gam
bling; that we would assist him
with all the arms of the court: that
the law provided a penalty not only
against the gambler for gambling,
but also against the officer who
failed or neglected to do his duty
to suppress gambling, Yand that if
he failed to do his duty, the sever
lty of the law would be visited upon
him. At that time | am sure that
we both hoped that it would be un-
necessary for anyone TO file any
charges against the sheriff. v We
both had, and for that matter, still
have for him a sincere feeling of
friendship. But citizens of this
town have taken up the matter, and,
In the manner prescribed by law,
llled the accusation upon which eVi-
dence has just been heard. The law
requires the court to hear such an
accusation within IS days after il
Is filed. Having heard the evidence
On behalf OF the state and defer l.
ant it now behOoves the court t.
render its decision thereon.
The charges in the accusation
against the sheriff upon which evil
drncc was introduced are, in sub
lance. as follows:
% Failure or neglect TO perform
the duties of his office.
(2) Gross immortality.
(3) Receiving bribes.
These will be discussed in their
order.
tThe evidence in this case shows
cOnclusively that from the date that
the defendant took his office in jan
uary, 1912, up to the present time,
open gambling has been going on
in all the saloons in Clayton, and at
other places, for more than two
thirds Of the time; that the sheriff
and his deputies had frequently
seen such gambling and knew it
was going on; THAT it was so open
and notorious that practically every
one in Clayton knew Of it, And yet,
such a condition was allowed 10
continue with but few arrests, up
until the March term Of this court,
when IL was tarminaiad hNr the rnih