The evening herald., 1918-04-06
ATTORNEY GENERAL
IS AF TER $4,000
CLAIMED BY STATE
Harry L. Patton Starts Proceed.
ings TO Recover Above Sum
from Kelly q Kelly, Bond Brok.
ers Holloman Not to Hear Case.

SPECIAL coRaEsFosnr rHr HFRAto
Santa Fe, n. NJ, April I.--Dstrict |
Judge Reed liollomnn redurrd The bond
ot W. g. Kelly bond broker of Kansas
city Mo, from S20.0OO. or sld.n0n on
each of two indictments. and fixed il ~
100000 ON one indictment 0r S5, 100 On
each of two indictments, yesterday.
This action WAS taken in ihc district
court here when Mr.. Kelly appeared,
accompanied by his attorney. Frank J.
s.uvua, of the law firm Of Cutron 4 ca.
tron Immediately after fixing this
bond. Judge Hullomnn announced that
he will disqualify himself in the ease.
as he had given Mr.. Kelly legal advice
while he, Judge Holloman. was mem.
bcf Of the Ca,ron law firm, aud had re-.
ccivcd fees from Mr.. Kelly for the ad.
vice
Mr.. Kelly came from Kansas CITY
this week 10 give bond, and waive ex.
tradition proceedings. His visit here
follows the bringing of ~ indictments
against him by The grand jury OF the
district court. charging that Kelly ob.
tanned over S6l 900 belonging to New
Mexico by false prctenscs in the manip.
ulatiun of bonds. Mr. Kelly, through
! Attorney l.avan, announced that he did
not care to enter a plea ~ this time.
/ Amount Of Bond Discussed
| District attorney i. II. Crist aud \.
J T.. james of the state tax commission,
were iu the courtroom when the matter
lof Mi Kelly's bond WIS taken up. Mr..
James referring to the amount ms over
sGl 600 when Mr. lnVan turned tu Air.
Crist and questioned him on this sub.
jiect
Judge iolloman, turning to the dis.
itrict attorney, stated that 5000 had
been asked by that official as the bond
| Nh Kelly must give and said that he
Thought under the circumstances il was
lcNccssivc. The court pointed out that
Mr.. Kelly had waived cXtrudition pro.
Iccediugs and had made no attempt 10
lcvadc arrest
The Judge said that $4,000 j. an ac.
iceptublc bond even in cases of alleged
murder, aud he said that bee bad talked
to Governor Lindsey about the amount
of the bond. He added that = bond is
not 10 punish but 20 assure attendance.
and while some bonds could not be
lplaccd too high to assure attendance,
IN this ease the court considered $40.
900 sufficient or $4,000 in each of two
leases
Discussing his intention 10 cali IN an.
other Judge to try the ease Judge Hol
ioman said that he would like 20 see
both sides agree rs 10 who this Judge
shall be, otherwise he will ask the chief
liustier of New Mexico 20 name him. III
the Judge called in decides $4,000 is
too small bond he can raise IL. the
court pointed out.
Mr.. Crist had previously called atten.
tion to the fact that there are I3 in
dictments against Kelly, and said tho
sums range up 20 s90.000 aud total "a
more than 100000 But Mr.. Crist added
that the state had no objection to ac.
, cepting bond OF $4,000 l.. one ease
! or $4,000 in each of two cases if the
, court considered this proper.
, Mr.. Crist added that ii Mr.. Kelly was
ready TO plead at this time be- would
like an arraignment in two cases. Mr.
Lavan replied promptly that his client
did not wish 10 plead at this time. Mr.
a i.avan asked for copies Of the indict
ments against Mr.. Kelly, saying that h,
had not yet seen them except the copy
4, lof one printed in the papers
Nine suits, for the collection Of an
:. Iproximatcly $4,000, alleged To be du,
the state as the result of double puv
lment Of Santa Fe county bonds. wcrt
filled in the district court by Attorne,
General n. L. Patton against II. u
Kelly aud ". c. Kelly, bond brokers nj
Kansas City, Mo, doing business unde
the firm ELme of Kelly a Kelly. Tn
suits are the outcome of alleged irreg
ularitirs disclosed in report 10 Gov
crnor Lindsey several weeks ago by \
T.. James director of the New Mexic
Taxpayers association, as result %
which w q Kelly was indicted ou sew
eral counts by the Santa Fr count
lgrand jury.
II had been expected that the stat
would take steps to recover the none
of which il wns claimed IL had been 40
frnudcd The attorney generals offic
has been working on the preparation q
the suits Tor several days. il was state,
interest and court costs are asked in nj
dition 90 the face value of the bond, O
which II is alleged that double pa,
ment was made. The suits ARE practi,
ally idedticnl, aud cover alleged ind
Nidual transactions
II j. stated that old court Judgment
ugains, Santa Fc county i'm councctio
with the bond issue had been ullowc
TO reach almost the expiration of m
leael limit aud had been renewed, /
ordcr 10 hold them us valid. Later. II
claimed. both the old Judgment, am
the new we're collected upon from IA
state, Kelly being the principal ben
elciary. II was in this manner thp
double payment is alleged 90 have o
cured
The suit. are for the follouin
amounts in dollars, cents and mills,
t. s2.s46.s0; .. G7.ll5.0O; ., s2Ol 25'
4, Sl.07a.Si3; 8, 500 0,392lN; q, s2l
N53.s3; Z, ,s22.53j; s. sl2gjGlS;
. s2S0l55
The jrtuno teller told Hiehcddo
wife that she'd have two husband