The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1920-02-03
State Capitol News
WORKMEN'S AID ACT
: JUDGMENT UPHELD
Supreme Court Sustains
Ruling on Case From
This County
ssrelAl 70 rar araslo

~ the district court In . Bernalillo
county has been upheld by the su-
irene court In the suit In which
Marie Lermuseaux and Victor Ler-
in,seaux secured Judgment against
the Albuquerque and cerrillos coal
company for ti3.aO . week until Vie
tor is eighteen and ti2 a week for the
balance Of 9OO weeks. on account Of
an accident which occurred on July
81. 1918. while Louis LermuseauN was
IN the employ OF the company
which resulted in the death Of Ler-
museauN. upon whom Marie I'M Vie
tor Lermuseaux were dependent
The judgment OF the district cou
was under the Workmen'E Compen-
Hstion act. The accident occurred on
the company's property In Santa Fe
county, but suit was instituted In
i%iernalillo county, no objection being
made by The company at the time, al
though an effort was made to raise
the point 81 venue In the hearing be
fore the supreme court. As to tho
mount u the judgment. the syllabus
saysi
where an employer against whom
an award IN made under the work
mems Compensation act fails to oh
iect In the district court 70 the award
on the ground that It Is excessive.
fNlNN uhfNAlNn NNNNAWN wv lANHfA ~ Nv
supreme court Tor the first time
The opinion IN by chief Justice
Parker. Justice Roberts and District
Judge Reed Uulioman |coucurring
Justice RnVnolhs tried tht case ln m"
district court and was disqualified.
Hcycisal In Tiucc Cnsrr.
iu three decisions Just handed
down. the supreme court has reversed
thc district court In Chaycs, San Mi
rurl and Union counties. in criminal
eases
In the Cnavcs county ease Steve
Tdlns and Aubrey Galley indicted for
murder. were convicted OF v~oluntary
munslauFhter In reversing and r"-
manting for q new trial. the syllabus
SAYS.
The production In evidence before
q Jury 81 an admission. outside OF
court. by counsel for defendants that
iu his opinion unless u certain fact
could be- shown, his clients would be
convicted. was inadmissihle and high
IS p%r.iudiciai and requires a reversal Of
This suit frequently has been de-
sCribed as The 'hluwcd up sucker
case. In the trial, counsel for ths
defendants said TO the sheriff. In sub.
stance: "rnless you can show tina
these defendants had deputy sheriff
cummissious from you, they az
~biowed-up suckers The court per
mittcd this declaration 20 be rcpeate'
To tho Jury.
On the Union county suit EdFa0
Allen was tried and convicted Of mui.
der In the first degree" and sentenced
TO he hanged IN reversing ana uE
dprInE a new trial. The syllabus suN-
Whore motiv, b. sought Co h'
shown ClrcumHtunt!Hlly, the CIrCum
fiauceH shown must bear such rcl1
ton to the facts AZ io he capable %
creating the given STATE ~ NINA {"
me defendant which II sougIi 20 h'
established. " they do not uperat
upon the mind 81 the defendant the
lack relevancy and are inldmissihle.
The sui from san Miguel count
was II I'm which Claudio Nrinijo wa
tried and convicted on "a charge OF
statutory o0gnse against q girl uude
ls years Of age. d supreme e"ut
held hat not enough substantial cVi
dence was introduced to warrant
supreme court In the suit uf Harry "
But the uald charge Of
woman against u man In this rcgat'
unsupported and uncutruhnrated %
facts and circumstance pointing !
the guilt Of the accused is INSULT,
tent 10 meet the requirement Of IN
law that q verdict must Dee supportc
los substantial evidence
An three opinions are hN tht'
Justice Parker. Justices Roberts an
Uaynuids "cOuCurriug
Judgment Affirmed.
Judgment OF the district Court
San Miguel county rs affirmed hN ~
Ruprcmp court in the suit Harry y
Kelly. appellee, vs. IN" Ia 'ueN
Unnch company. appellant The 10
trlct court gave Mr.. Kelly 10 iurl
mrut Tor $4,000. The opinion IL
chief Justice Parker. Justices Euher
and Unynolds coucurriug
Verdict OF the district uur
Who. agHnHFN IU InmNtffNmE I'NI
EdmondHou and Albert Daniels Cd. u
crime Of larccn, ~ neat cattle, be e
nrmcd by the supreme our IN ,
Opinlon by Justice Roberts. en-
Justice Parker aud Justice RaNu"l
~c0ncurriug. ON one ~ tho impurii
questions, the syllabus says
"3 where defendant, ur cross e
ANIMATION. seeks 20 discredtt a STATE
wines by showing tn" Hr' who
u~u,-ulained, SHOVE that su'h wliu'
la blased against defendant 10 b. o
error to permit Ne stat" on t".dll
examination. Co explain such ~
where such explanation tends TO 7A.
a.. ~ interest or bias
Alvin Afford was lawfully a
u]typpriy convicted OF unlIwfulN n,
Ing nuuof In IHiUu county ON Jan
1918. IL Is held hy the supreme cou
in an opinion by thcf Justice H.
her. Justices Ruhcrts % ltuNuo|
tuucurrtng, Affirming we luNEin'
~ the district court, The syllnl
says.
when counsel fails tc object
evidence until after II
given ordinarily b" cannot coWulI
Inn this court Of Its erroneous adm
sion"
Reducci Capital.
Tks Buffalo on and Gas comm
na- filed az amendment tu Jos chart
reducing the capital stock rom ~
uUO 10 $50, 600 The priuripal OIL
Of the h. iu lnrdshutg.
safe Of Ohio. City OF Toledo. Lu
c9g.Y Cheney. makes oath that h,