The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1924-07-24
EDITOR MAGEE III
CONTINUES FIGHT
ON COURT ORDER
Conviction on Contempt
Charge Is Taken to ST. !
1prene Bench.

EAST LAS VEGAS, N. NJ, July
24.-Under custody OF Sheriff Del
gado, Carl C. Magee, editor of the
New Mexico State Tribune, left the
county Jail here today for Santa Fe
where his conviction on contempt
charges will be reviewed by the
State Supreme Court.
Delgado took Magee to Santa Fe
in response to habeas corpus pro-
ceedings fled after Delgado refused
to recognize pardon granted Magee
by Governor Hinkle.
A corrected pardon was handed
DeIgado before he left with Magee.
He refused to recognize 1t.
Editorial Attacks
Magee was sentenced for efitorial
attacks on the New Mexico courts
published in the Tribune, a Scrtpps-
Howard newspaper.
Ten days ago Magee printed a
signed editorial in his paper, the
New Mexico State Tribune, a
Scripps- Howard publication, describ-
ing his predicament. The editorial
follows:
Next Tuesday must face Judge
Leahy~ in the District Court Of San
Miguel. have just the same chance
with Judge Leahy that lamb has
with a butcher. The worst trouble
is that I cannot recognize Leahy's
| mockery as a cuort Of justice.
''Leahy's court isn't court. It's
slaughter house. I doubt whether
q case. civil or criminal, has been
decided there on its merits in ten.
years.
when I attack Leahy, my enc
courts. But I'm not. I realize that
courts are necessary, that they must
be respected. Courts are the very
foundation of our liberties.
But haven't any respect for
Leahy's court and I refuse to pre-.
tend thatlfI have. To do so is to
help perpetuate the awful conditions
that prevail, to bend a servile knee
and cease TO criticise the gang in
this State that has made such a con.
dition possible.
Wants Equal Chance
eff the time ever comes that I
can get Leahy on an equal footing
with me- in an honest court, III
take HIM to the worst cleaning one
man ever received. About once
! every two weeks for a year I have
| accused him Of being a corrupt Judge
in the hope that could inveigle him,
into suing me for libel Then Id
have him down on the floor of the
court with someone else on the
bench and a jury in the box. Then
the people Will have a chance to
know what Leahy really is. But he
won't meet me on an even footing.
Leahy refused to give place to
another judge in my cases. Here.
fused to give me change Of venue.
He brazenly sat as the judge of his
own corruption-and decided that he
wasn't corrupt and that I was a
dangerous maligner of the courts A
year in Jail and a S4,000A fine was
his idea of what was due me-"
A recent editorial in the Santa Fe
Mexican, published at the State capt.
tai and consistently hostile to Ma
gee and his paper. said:
1T is impossible to disassocIata
Leahy the politician from Leahy the
judge.
Another Source
Instance upon instance demon
strates the lack of impartiality, khe
lack of self-control, the lack of re-
gard for constitutional rights, the
lack of regard for judicial proprie-
ties and dignity, displayed by Judge
Leahy
Such exhibitions have been in
connection with defendants who have
been involved in political fights
against prominent Republican of.
ficeholders. There has been unre-
strained abuse of defendants at the
bar who have afterward been cleared
of the stigma which Leahy attempt
ed to place on them.
When a public official is demon
strated to be unfit for his office, It
is the duty of newspapers of the
right sort to expose his unf1tness.
1t matters not If he is Davis J..
Leahy, backed by a powerful county
political machine and a right bower