The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1924-08-02

nc New MEXICO supreme OOutb AAc
Gle. gives the chrOnological development
"a the Magee case very clearly.
1 am complying with the request
<or a story on THE Freedom Of the
ress" from a cell in the San Miguel
ounty Jail, New Mexico. I am
sing the tea tray upon which my
reakfast was sent in by kind friends
5 writing table
I've had twenty-four hours for a
cry calm reorganization OF my views
n the freedom of the press and the
Consequences.
may have other days for similar
ELECTION extending from three to
TX months, provided the higher
courts entertain ideas on the subject
#imilar to those Of Judge Leahy of
he district court here. Yet my
Jews are unchanged and are likely
3 remain so.
The more recent angles Of the case
hinge around a proposition Of law
Which is susceptible Of more judicial
sbuse than any other discretionary
Bower of a court which know-the
bower to punish summary and
Without intervention Of jury for in
@irect contempt of court for publish
lg articles regarding a pending case.
oae
d Let me illustrate by being more
@pecifc regarding my own case.
Judge Parker, chief justice Of the
Supreme Court of New Mexico, lives
Ia Santa Fe County. I publish a
PAPER in Bernadillo County. A bank
"a Santa Fe County failed in 1928.
VI developed that the clerk Of the
4ourt had the court funds in his
lame in the bank in spite Of a State
Jaw making it a felony not to turn
Them over to the State treasury
within twenty-four hours after re-
aeipt-
4 I attacked the clerk and demanded |
bis removal. May turn aside to |
lay that he is still clerk and still |
Unpublished while I am in Jail for
vriting an article criticising his |
zelony.
1 In the editorial in which I at
aked the clerk said:
I'VE wish to call the attention OF |
Justices Bots and Bratton to what is /
'soing on IN their court I suggest |
Ilothing to Judge Parker. He has
crown too accustomed to old condi- |
Hons 30 see anything wrong with /
What has happened"
Parker is a member Of the old |
R'alI machine. I don't know whether 4
Bolts. a new member held to the l
anne practice 1t seems so, for the /
Jerk is still on duty.
Is Indicted
For the above statement I was
Indicted in San Miguel County the |
following week for criminal libel. |
rhe reason for this venue is that it /
S headquarters FOR the most corrupt |
political organization that ever af- /
|licted a State. Judge Leahy is a |
principal cog in that machine. The /
bounty government is completely in /
their power. The citizenry Of the
bounty is IS per cent Spanish-speak-
ing and non-English speaking. They |
i've in peonage to this machine. No |
.Dne knows where grand juries and |
petit juries come from. This law is |
ignored. Interpreters are used for /
fll juries. I was brought here be- |
pause II was the only county where |
The machine could succeed with ifs |
plans with absolute certainty.
A half-doZen editors had been
reated so previously. All were con
Ficted and sentenced within forty
blight hours after indictment. None
ever got into the penitentiary. but
hn quit the newspaper business as
consideration for being allowed
20 go or to prevent repetition.
Upon my indictment the memorable
machine began to grind.
I viii not recount details. It was
b travesty.
I was convicted IN five minutes by
p jury which could not read the Of
lending article or understand the
evidence without an interpreter.
Judge Parker testified he had not
asked for my prosecution. He said
Freely that he did not think the ar
Efcle lfbelous.
Nevertheless, I was sentenced to |
p year to eighteen months in the
penitent1ary by Leahy.
Another Attack
In the meantime, attacked the
way was being railroaded in order |
10 silence me. I allowed no news |
papers containing the article to come |
into Sen Miguel County during the |
trial. as did not wish to affect those |
directly concerned with my trial. |
Regardless Of this I was cited for |
contempt for publishing these ar
ticles- Each day was cited as the |
articles appeared.
On the trial of four of these cases, |
which were consolidated, I was de- |
MED change OF venue and change |
Of judge or a trial by jury. I an
swered. alleging the truth of my
statements.
For week we introduced before |
Leshy evidence Of his own corrup- |
ton. But it didn't take. Leahy |
held that he wasn't roy-y,1r+ and san