El Paso herald. (El Paso, Tex.) 1901-1931, 1919-01-24
PEACOCK GETS
YEAR SENTENCE
Jury Recommended Term
of Dona Ana County Man
Be Suspended.

The trial Of ID. y EelcOczls IOr seF-
eraI years county assessor Of Dona
Ana county. New Mexico, upon a
charge Of knowingly having in his
possession with fraudulent intent TO
use and pass the same as true.
forged instrument in writing" closed
in the saith district court Thursday
night, resulting in the jury finding
him guilty as charged, and assessing
his punishment at five years in the
penitentiary. with a recommendation
for a suspended sentence
The transaction out OF which the
indictment grew. involved n note
Bearing the name of c.. T. Turney or
Mesilla Park. y. II. which. according
TO the testimony introduced by the
state. was delivered by Peacock TO r.
c. Bailey for the purpose Of being
negotiated by the latter.
Peacock Takes stand.
Peacock took the stand in his own
behalf and testified that he had these
instruments which were alleged to be
forged IN this county. and that he
knew they were fictitious; that he in
tended 10 pass them as true. but in
tended TO take care Of the paper be-
fore their due date.
Turney testified that he did not sign
the note or authorize any one TO sign
II for him; that he had had business
transaction with Peacock. but had
paid him in cash all he owed him and
had given no notes whatever.
Transaction Is Explained.
Bailey was called by the state. and
in explaining the transaction testified
dorsed a note for Peacock and had
been sued upon it and that a personal
judgment had been rendered against
him for the amount He had been
after Peacock a good many times,
pressing him for payment Of the
amount OF the judgment. ale told me
he expected to turn this trade with
Mr. Turney in which he would make
$4,000, and would pay me- Bailey
testified. He afterwards told me he
had got only part OF II in cash and
had taken notes. He said he didn't
want to negotiate the notes, because
Turney had asked him not to- He
afterwards said. If L can't raise you
the money inside Of a week, ] VIII
turn these notes over to you / was
to negotiate the notes and turn the
balance over 10 him He said he had
$4,000 in notes"
Delivers One Note.
Bailey testified that Peacock later
delivered him one Of the notes. and he
for $1,000 and attaching the Turuey
note as collateral When the note
became due. Peacock said that Turney
was not ready TO sell his cattle yet.
and couldn't pay the note The bank
was pressing me for payment of at
least part Of my note. and Peacock
furnished me $3.50 by check and the
interest in cash. and the note was re-
newed-" He testified that later Mr..
Turney showed him an affidavit
signed by Peacock 10 the effect that
Turney had not given a note He be-
lieved the Turney note was good at
the time he negotiated IL he said
Regulates Note.
c. T. Turney testified: "I didn't
give Peacock any note. I didn't /
authorize any one at all TO sign that
note 1 first ascertained that that
note was out when il matured and I I
got notice from the bank. ] came
down here 10 see about IT, and Pea
cock told me he fixed this note up +.
to help Mr. Bailey out OF tight fix; /
that he would get busy and take care I
Of the note He gave me a written 4
statement showing he didn't have any 4.
note
Had An Option.
In explaining his transs ctfon with
Peacock, Turney testified that Pea
cock had had an option Of 80 days on
the Hurt ranch in Sierra county. 7
told him I would take the lower
range; that I would buy II and pay
him a commission on it. I had heard
hat Hurt wouldn't sell il to me"
The deal fell through. he testified. be-
,ause some parties who were to take
he rest Of the Hurt ranch failed TO
complete the trade. and Hurt would
Tot sell the lower range alone He.
lurney. afterwards purchased the en-
ire ranch himself he said. under a
different arrangement from that first
proposed. and after the option had I
'Npired- and thar he gave Peacock I
wO checks on the Las Cruces bank in Il
.ull payment for his services.