The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1920-03-12
HAY RESENTENCE
BLAHGETT TO HANG



% dismle and fAt tI|f harr heen
prepared BY HARRY B f1aumna. aesls-
iant ATTORNEY general in the ease ~
r. ". Hlarrcff. rlalntiff IN NfnN ~
lbe state ~ NcN Moxlco. nrftndauf
u error now pending IN ne tnl.cd
States supreme court.
Disneeft has been undcr sentences Of
death ~ the Sew Mc1Ifn supreme
couri. which Reviewed iia caee and
affirmed the lndrmeni aun sentence
81 thf district court ln Hania 70 c0un-
~. for more than a rHf and y hnlf
lie has tecn ln nc ptnilentiary here
since ne was cortioicd an She district
court a. the April 1917 term.
n The event hat ne supreme court
disml1sca the urncai Upon this mo-
zion. "a h possible thar nlancett will
be rrscntenccd to be hanged within
20 DAYS from the Dine The motion Ia
ficd with tho supr4me rnurt. n the
motan r. denlcs and The case Argued
on It's merits. 81 Il probable that no
decision VIII be- handed down for q
year.
a. b. Rtnchsn. Df santa Fe. repre-
pentcd Biancett IN The trial Of the
case 3 on appeal 20 the New Mexico
supreme our ana the United States
"W| ""|NM -
Eianceta "a h alleged. shot and.
killed clyde u. Armour. ~ sioux CITY.
Iowa. about an hours ride above
Santa Fe. IN the fall Of 1915. within
4he hour, hlancctt. haplee assumed
tho maine % Armour. waf N Santa Fe.
neudlns a Telegram to Af1nuurs rom
neciicne IN Iowa 90 which be So
cured Nancy. Armour was making
an automobile TRIP frniu hts hons to
los Angeles ana IN Denver. through
an advertisements picked up Hlnncett
% 80 along as companion and chauf-
ffur. The killing WIa confessed at tho
trial although HlarcclC. festifyinr In.
his own behaf, Insisted mat ID was IN
self deienrc.
Blancott spent several days. divid-
eng his tins between the saloons ana
bright liFhts Of santa ~ and Aihu-
Hutfuut n continuing 10 eel money
on kilograms he sent 10 Hiarceit's
connections. He then sold the auto-
mobile, n new one. IN Albuquerque
and disappeared "a tr1nspirod later
that he had gone to southern Cali
fornia and then on 10 his former
haunts 10 the state Of Washington.
Armour's people did not begin 10 get
uncasy until there had been no word
from MIN for several weeks and then
began a search. ArmUurs body was
not discovered mil several months
after the killing occurred and then
little o Than the bones remained.
Hiancett. arrested IN Washington,
tried TO commit suicide ~ shooting
himself In the neck. he had shot his
victim IN the back 81 the neck.
In the brief the assistant attorney
general begins a. fDliows;
There are -four assignments Of err
ror Arteal hg plainun III erfo. w his
brief upon which he relies for a re-
versal % the Judgment m this oasc
-. Thar the nan who AIT az dis
trict 1t-ge ~ h trial of this case
was not = Judge IN fact o. IN law.
- Tint 81 reason ~ alleged dem
pnstrauon upon the part Of the au-
dience DURING The trial that the de-.
PENDANT oid not have a fair and im-
partial trial.
"a. That becauer of the separation
OF n Of the jufors from tn re-
tnainder ~ he jury during the course
Of the trial. the defendant did not
have a fair and impartial trial.
-. That the defendant was not
tried hy y jury composed Of the SON
n~Itutiuual number % jurors"
These four g~selfnmeuts ~ error arc
denied FpecifirAliy anG At some length
~ he brief with the citations OF au-
thoriiies The gisi Of the reasons for
asking the supreme court 10 dismiss
-" ~" - N"NNM 81 NNA MNMNNMH 10
dismiss. Il follows.
Vow comes the defendant In err
rur. D Stale o. New Mexico. by ats
assistpu attorney general any moves
she court n dismiss She writ Of error
~ tbs for want Of Jurisdiction.
- The lack Of Jurisdiction ar-
pearinr FROM the printed transcript ~
record fled hcrcin and the brief Of
the piainiin IN error.
- For the reason hat this court
mas no Jurisdiction herein BECAUSE the
federal question herein involving the
status OF M Judge Who tried this ease
is raised for M frst time in this
court, ana that the said federal qurs-
tion was not raised IN the trial court
Ny on tho appenl 10 the supreme
court n the state u New Mexico. all
OF which lppeafs on the face Of the
transcript % record filed herein,
For The reason that Il h. mani
Test that b writ Of error herein was
taken FOR delay only and that the
questions upon which this cause de-
pend are 10 frivolous a. 10 need no
argument