Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1924-07-31

The man who wrote the article
below has just been sentenced TO
Jail for six months for contempt
of court, and he is there despite
the fact that the Governor of his
State - New Mexico prompt
ly pardoned him. The Baltimore
Evening Sun asked him to wire
his side of the case, and this dis
patch, written in his cell, is the
answer.)
East Las Vegas, N. NJ, July31.
Il am complying with your re-
quest for story on ''The Free
dom of the Press" from cell
in the San Miguel County Jail
am using the tea tray upon
which my breakfast was sent IN
by kind friends as q writing
board
I've had "a hours Of very calm
recapitulation on my views on
the freedom of the press and the
consequences.
| may have other days for
similar reflection extending from
three to six months, provided the
higher courts entertain ideas on
the subject similar to those Of
Judge Leahy, of the District
Court here. Yet my views arc
likely to remain so.
The more recent angles Of the
case hinge around a proposition
Of law which is susceptible Of
more Judicial abuse than any
other discretionary power of a
court which I lInow-the power
to punish summarily and without
intervention of jury for indirec-
contempt of court for publishing
articles regarding a pending case.
Charges Misappropriation of fund
Let me illustrate by being
more specific regarding my own
case. Judge Farmer, chief just
ice of the Supreme Court of New
Mexico, lives in Santa Fe county.
| publish a paper in Rernadillo
county. A bank in Santa Fe
county failed in 1928. It de-
veloped that the clerk of the
court had the court funds in MS
name in the bank in spite Of a
State law making it a felony NOT
to turn them over to the State
Treasurer within "A hours after
receipt.
l attacked the clerk and de-
manded his removal. May | turn
aside to say that he is still clerl,
an still unpublished, while | ana
in jail for writing an article criti-
Ching his felony.
In the editorial in which | al
tackled the clerk | said:
Eve wish to call the attention
Of Justices Bolts and Bratton TO
what is going on in their court.
I suggest nothing TO Judge Par
ker. He has grown too accus-
toned to old conditions to see
anything wrong with what has
happened. Parker is q member
of the old Fall machine. l don't
know whether Bolts, a ney
member, held to the same prac-
tiee. 1t seems so, for the clerk
is still on duty"
Why Venue Was Changed
For the above statement / was
indicted in San Miguel county
the following week for criminal
libel. The reason for this venue
is that it is headquarters for the
most corrupt piliticadl organiza-
ton that ever afflicted State
Judge Leahy is a principal cog in
that machine. The county gov
eminent is completely in their
power. The citizens of the coup-
i ty are IS per cent Spanish-spea&-
ing and non-EngIsh speaking.
They LEV in peonage to Ii
machine. No one knows where
grand juries and juries come
from. The law is ignored. IN
| terpreters are used for all jurics.
/ was brought here because it
was the only county whore tho
machine could succeed in its
| plans with absolute certainty.
A half-dozen editors had beer
| treated SO previously. All We're
convicted and sentenced within
! as hours after indictment. None
| ever got into the penitentiary
but an quit the newspaper bus
/ ness as q consideration for being
allowed to go or to prevent rep
etition.
Convicted in Five Minutes
Upon my indictment the in-
eNorable machine began to grind.
] win not recount details.
1t was a t'avesty.
I was CONVICTED in five min
utes by a Jury which could not
| read the offending article or un-
derstand the evidence without
an interpreter.
Judge Parker testified that he
the Georgia Senate has contrib