Evening star., 1924-07-23
MAGEE PUTS HOPE
IN SUPREME COURT
New Mexico Publisher Seeks
Habeas Corpus When Gov
ernor's Pardon Is Ignored.
By the Associated Press.

By the Associated Press.
EAST LAS VEGAS, N. NJ, July 23.
Still incarcerated in the San Miguel
County jail, although executive Glenn
ency was extended him, Carl c.
Magee. Albuquerque publisher, today
awaited action by the State Supreme
Court on a writ of habeas corpus
that he hopes will bring him free
dom. Following his conviction yes
terday in District Judge Leahy's
court on contempt of court charges,
Magee was sentenced to three months
in Jail.
Sheriff Delgado refused to release
the publisher last night, after re-
ceiving notification that Gov, j. F.
Hinkle had pardoned Magee as he did
in the case of a former conviction a
sheriff based his refusal to release
Magee on the grounds that the Gov
ernor had no pardon power in the
case of direct contempt.
Adjt. Gen. Skipwith of the New
Mexico National Guard. who motored
here from Santa Fe with official noti-
fication of the pardon, made an effort
to secure permission from the Gov
ernor to call out the National Guard
to release Magee. Failing in this the
adjutant general made no further
effort to release Magee and coun-
seled peace when group of the
publishers sympathizers gathered in
a downtown district in a militant
demonstration and offered their as
sistance in freeing him.
Feeling ran high between factional
groups during the night, but there
were no untoward occurrences.
Result of Long Fight.
Magee's Imprisonment is the result
of long fight he has waged through
his newspaper against what he has
referred to editorially as corruption
of courts" and other alleged state
governmental misdemeanors. First
contempt of court charges were pre-
ferred against him more than year
ago as a result of editorials attack
ing J. w. Parker, chief justice Of the
New Mexico Supreme Court.
Yhe first trials resulted in Magee's
conviction on four criminal libel
counts in Judge Leahy's court and
aggregating more than 900 and
Jail sentences totaling $50 days. On
this occasion Gov. Hinkle first ex-
tended executive clemency.
When he was declared guilty yes,
sentence Judge Leahy asked him II
he had any statement to make. The
publisher replied he had nothing to
say. except that 81 deny that / have
been accorded due process of law and
that I deny this is a court" Judge
Leahy then declared him in direct
contempt and imposed q three-month
Jail sentence to run concurrently with
the sentences imposed in thes two
counts on which he was found guilty.
In Comfortable Cell.
Magee spent the night in one Of
the most comfortable cells in the
10 x1yh ha will remain until aC-
tion by the supreme court, which will
be called into immediate session, is
forthcoming.
The Albuquerque editor has headed
control by what he has termed po-
1itfcal cliques and factions. He met
with financial reverses that caused
him to relinquish his hold on the
Albuquerqne Journal. and later start
ed a weekly newspaper, known as
Magee's Independent, which later be-
came a daily under the name of the
New Mexico State Tribune.
Mayor Swope of Albuquerque, in a
Of organized labor delegates at Santa
Fe yesterday, called upon the people
of the state to elect state legisia-
ture that would make possible the
impeachment of Judge Leahy, with
whom Magee has been in constant
conflict since the inception of the
trials.
Bought Paper From Fall.
Magee first attained prominence in
New Mexico following his purchase
of the Albuquerque Morning Journal
from Albert B. Fall, former Secretary
of the Interior. Financial reverses
compelled the sale of the Journal,
and Magee started the publication of
Magee's Independent, as weekly
paper, affiliated with the Democratic
party. The weekly paper was later
changed to a daily, under the name
of the New Mexico State Tribune, in
which Magee continued his attacks
on those active in politics, finally
eliminating in an alleged accusation
of hishonorable methods in the Su-
preme Court of the state.
Charges were filed in the court here
for his alleged libel of Chief Justice
J. w. Parker, and the famous Magee
trials ending in the Indictment trial