The Tucumcari news and Tucumcari times. [volume] (Tucumcari, N.M.) 1907-1921, 1916-10-19
SUPREME COURT
DECIDES IN FAVOR
OF JUDGE LEIB

The Towndrow murder trial H. no
drawing much Of crowd as it is too
long and not many citizens know any
thing about it. To hear the STATE
witnesses one would think it was on,
of the foulest crimes ever committed
10y human being. Then 20 hear tn,
other side il puts us to guessing which
* right. or course right will win. or
il should. II he is guilty. there !
no penalty to harsh for him To- suffer
II he il innocent, he har been scriou
wrongcd We leave this matter to he
jury, which has been kept together for
more than week ana from all an
pearanccs they will be together for
several more. II is a good bunch or
citizens from all parts Of the COUNTY.
and they will mete out Justice as FAR
as they can. when the time comes.
The State finished its part of the
testimony Wednesday. a. j. Arrinp
ton, undertaken, recognized the stove
nokcr with which it was supposed Nj
Towndrow was killed. lie also rec.
ogn2ed the rugs which were burned.
lie said he had known Mr.. and Mrs.
Towndrow for several years, that they
had been married about Az years. She
was about 80 years old and would
weigh about 100 pounds. When hc
arrived the furniture Of room was dis
arranged and the body was lying near
he door of the dining room. Her body
was badly burned. the clothes nearly
I'll burned off the trunk. The floor
and rugs were burned. She was lying
with her head in vomit, and the vomit
was Scorched around the edge. Mr..
Arlington was one Of the best wit
resses for the state and gave n vivid
description of the house and lifeless
form Of the victim of some one'a
wrath
The case was started last week, hut
IN account Of writ of prohibition ii
vas deferred until counsel for State
and Defense went to Santa Fe and Sc
cured n hearing from the supreme
court. The following telegram will
FULLY explain the outcome Of that trip;
Santa Fe. Oct. lG.-Judge Thomas
u. Lcib will continue to hear the case
# the State of New Mcyico vs.. John
II. Towndrow, of Ration. in district
court in Tucumcari.
This is the decision of the state su-
Drcme court which late Saturday
night denied the writ of prohibition TO
restrain Judge Leib from continuing
he case in which he had already sat
'or two days when the petition for
he writ was filed. The supreme court
leclined to 20 into the jurisdiction is.
ueS involved until the case comes M
IN appeal, in case an appeal is taken.
The presence of 80 witnesses in Tu-
cumcari and the selection Of the iury
ready to sit i'm the case, were taken
INTO consideration by the court.
II will be remembered that Town
lrow, the defendant, had obtained a
change Of venue from Ration to Tu-
cumcari and Judge Leahy had been
instructed to try the case at the last
term, but on motion of the attorney
FOR the state, n continuance was grant
ed When court opened last Monday
~ isNlb NeallNh NV
rowndrow case, and proceeded to try
I until the defense applied for n writ
Of prohibition, based on the charge
If prejudice and the order to Judge
Leahy.
The writ of prohibition to restrain
Judge Thomas d. Lcib from continu.
ng the hearing of the case of the
State vs.. Towndrow. charged with NY
Drcidc, at the present term Of court
n Tucumcari, was argued Saturday
afternoon and night before the State
supreme court here. State Senator
hampton and Attorney o. l.. Phillips, .
represented Judge Lcib, and Judge j,
Northcutt, of Trinidad, Attorney Jno.
Morrow of Ration, and Attorneys Reed
lolloman and Frank j. Lavan, of the
'atron 4 Catron law firm, appeared
,or the commonwealth.
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