New Britain herald., 1924-07-23
EDITOR IN PRISON
 AWAITING DECISION
New MsIicO Publisher Already Gets Executive Clemency

East Las Vegas, N M. InlF eg,-- stili lncsTesTatei lR the San Miguel county isil although executive clem- sReY vas enleRded him, Can c Ma- gee, AlbnaneFane publisher, today aEslisa aellan hy lhe state supreme court on RFll ef hshsas corpus that he hopes will hIing him freedom, FellesiHg his eeRAietion yesterday m district Judge l4eshF's court in cons tempt Of court charges, Magse vas sentenced 10 three months n jail,
 shsriH Delsgdo refused ta release the publisher last night, after Feeeiy- ing notification that Governor ]. r. Rinkle had psFdensa Nagee as he did in The ease of former conviction 8 year ago m Judge i.eahy's court, The sher,ft based his refusal to release Magee on the ground that the Cover. ner had no power in the case af di- rect contempt,
 Aainianl General sklpWiih Of the New Mexico national guard, who mo. tored here from santa fe with official notification Of thss pardon, made an effort 10 obtain permission of the gov. ernor 10 call out the national guard to release Magee, Failing in this. the AalutaHt General made no further cf- fort 10 release MaEee and eonnsellol peace when a group of the publishers symrathisers gathered in q downtown district in militant demonstration and offered their assistance in freeing him.
 Feeling ran high between factlonal groups during the night but there were no nntnHard occurrences.
 Fought Against Courts
 Nsgee's imprisonment Is the result of long fight he had wagsd through his newspaper against what he has referred to editorially as corruption or courts" and other alleged state governmental misdemeanors. The first contempt Of court charges were preferred against him more than year ago as result of editorials at- tacking J. w. Parker. chief justice Of the New Mexico supreme court.
 The first trials resulted in Magce's conviction of four criminal libel counts in Lcahy's court, and the subsequent imposition Of fines aggreSatng more than ss,o0o, and jail sentences total ling S6o days On this occasion Gov ernor Hinkle first extended executive ! clemency.
 When Magee was declared guilty !. yesterday and the court had pro- rounced sentence, Judge Leahy asked ! him if he had any statement to make. | The publisher replied he had nothing l to say except that:
 T deny that l have been accorded | due process of law and I deny this is . court"
 Sent To Jail
 Judge Leahy then declared him in . direct contempt and imposed a three | months jail sentence to run concur rently with the sentences imposed in | the two counts on which he was found | guilty. Magee spent the night in one of the most comfortable cells in the 1 jail, where he will remain until action | by the supreme court, which will be { called into immediate session. is forth- | coming.
 The Albuquerque editor has headed fight against state governmental control by what he has termed poi- tical cliques and factions, He met with financial reverses that caused him to relinquish his hold on the Albuquer- que Journal and later started a week. ly newspaper, known as Magee's 1n- dependent, which later became a daily under the name of the New Mexico State Tribune.
 Mayor Swope of Albuquerque, in a fiery speech, before a state conference of organized labor delegates at Santa Fe yesterday, called upon the people to elect state legislature that would make possible the impeachment of Judge Ieahy with whom Masee has been in constant conflict since the in t; oeption of the trials.