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ALBUQUERQUE : MORNING JOURNAL.
TWENTY-NINTH YEAR ALBUQUERQUE, NEW MEXICO, FRIDAY, NOVEMBER 8, 1907. PRICE 5 CENTS JAIL SENTENCE F0UI0ATTEMPIED10 LI MlfUn men vvnufli i "FIF SANTA Sensational Finale in Aland Contempt Proceedings When Four Members of the Grand Jury Tell Jhe Court, Under Oath, That Alarid Attempted to Pay Them $50 Each to Change Their Action on Recent Coal Land Indictments. ATTORNEY GORDON WINS A BRILLIANT VICTORY FOR CAUSE OF LAW AND ORDER Judge McFie Quick to Punish Men Who Attempted to Ob struct the Course of Justice; in Pronouncing Sentence Ex presses Gratification at End of Jury Fixing in Santa Fe County and Points Out Justification for Discharge of Grand Jurors Who Were Thought to Have Divulged Secrets. I Special niaoatrk to the Morola Joaraal.) Santa Fe. X. M., Xiv. 7 "The court must hold tluit A lurid Ik guilty of the charge made the proof Is conclusive: it I very difficult to obtain proof on ha been obtained In thl cune, but It has been obtained In this case, and the court for a long time has been anx ious, owing; to the constant charge that Juries were reached nd Juried ere tlxed, and things of that kind, and the court never having been able to reach evidence to that effect as di rect as this the court has been anx ious to reach a case where It could . be shown conclusively thai thin was done." ' "Now, I rgard this as having been shown conclusively and beyond a rea sonable doubt, that there was an at tempt here made by Alarid to Influ ence this Jury and to get at least two of these Jurors to obstruct Justice in the meaning of the law. I, therefore, shall hold that Alarid Is guilty of con tempt of court in this case and will impose a sentence of 91) days In the county Jail as a punishment for this offense." Thus did Judge John ft. McFle sum up the case as tt had been presented to the court this morning, when he sent Hioardo Alarid to Jail for days for attempting to "fix" certain mem bers of the United Mates Jury which recently returned Into court here an Indictment against the Phelps-Dodge company nd several New Mexicans for alleged illegal tiling upon coal lands In Kan Juan county, and thus did the court administer the severest blow ever dealt to the gentle art of Jury fixing as practiced In Santa Ke county. That Jury fixing hud become something of an art in this county was made perfectly plain by the court in hla reference to thet frequent ru mors of It which hail come to the court and In expressing his pleasure In finding a case In which this evi dence was plain and unmistakable. It was made as plain as was the fact that through the efforts of Assistant I nited Stales Attorney Peyton flor don and his assistants, the practice is going tu stop. The finale In the Alarid contení, proceeding came this morning v. ".li dramatic suddenness and with a f. e that seemed to Jar the attorneys for the defendant, who have mainta: "d .throughout that Alarid had pin ved himself of contempt by his simule lillle denial that he hud attempted to tlx the Jur a statement which it now seems lays Alarid upen lo a verv serious Indictment on the charge of purgery. It came wilh a suddenness wild h even seemed to shake Alas id's stolid enmnnsure. Not only was Alarid found guilty of contempt and sent to jail for : da vs. but regorlo liriego, a member i the grand Jury w h.u w as discharged from further duty some time ago be cause he was known to ha c gone fre- j Uiiently to the office of Catron and Sortncr during the deliberations of i the Jury and becaue he as believed ; to have divulged w hat was going on i In the i rand iury room, was fined I Í1ÍIMI on charges against Alarid and thrown himself on similar lo those after Griego hail the mercy of the court. A week ago an Information as filed before Judge McFle. supported hv affidavits by 1-eo Hersch and i. tilers of Santa. Fe. which charged that Kirarelo Alarid had attempted to ttv Perora and that he had made the of ' 11, .men! that "we had eight tuii .if nrotest aaainst he action of the special aistant I nited States at torney, who. It was said, was at tempting to drag reputable citizens In'o the mire, who s charged with having caused the discharge of grand Jurors without Just cause and in order t.. force Indictments . night by the Fulled States. Tbe wail was loud and Persistent, but the representative of the government went composedly on his way. Counsel for Alarid. Messrs. Catron and liortner. sought to secure the discharge of their client from tbe contemn! charge after he had Hied an affidavit in which he denied the barge, on the ground that Alarld's simple dental purged him of contempt and thereafter on points of law. Mr. rdon. representing the I'nited sttes. fought this demurrc r to the information and wa sustained by the erf. who expressed a desire to hear ec i.ten, ami to learn the facts In lhc,.w..A r,,.,r furor eceh of them swears , y - fiordon Introduced Ms evi-, tnHt ,.Mch of these two men were there, deuce, which went far to show- thatian, the first two swear that Alarid did il'. had been actively engaged inittl(. poking, and offered them $" not attempting to fix Jurors. The defense j , indict him: the first witness says maintained its attitude of indlfferer.e e i ,,, indict him: he says that ,utte to the evidence, resting Its case on i positively : the second witness says the legal, technicalities. Yesterday. how-arri. hut he says more than ,hil,: ever, the court expressed a desire for j aya that the indictment related to forther Information, and the Informa-I the one in regard to the lands is San linn being forthcoming In quantities, i Juan county, thus connecting it attorneys for Alarid decided to Intro- ' reel I y with this Indictment that was aur laa'ln-.nni alarid was r.tsceri Ml the stand and' w hile admitting certain points ehnrged In the inform: n, de- i AND FINE ATT FE GRAND JURY tiled the main charge Gregorio Griego, who was also Introduced, like- wise denied that he had attempted to Influence Jurors. This evidence was In troduced this morning and immedi ately thereafter came the somewhat dramatic finale. Mr. (lordon Introduced four mem bers of the grand Jury. Juan Aragón, I.tils Momlragon. Manuel Vigil and Felice Ortega, each one of whom tes tified that either Alarid or Griego, or both of them, had made approaches, the witnesses testifying specifically that Alarid had offered the sum of $50 to each, if they would bring about a reconsideration of the Indictment In the coal land entry cases, Alarid Informing the jurors, according to two of the witnesses, that he was among those Indicted. The evidence of the four members of the grand Jury was plain and direct and convincing. It left not shadow of a doubt as to the-part played by Alarid In the attempt at Jury fixing, demonstrating not alone the fact, but the excessive crudeness and brazen ness of the effort. The defense made absolutely no ef fort to combat the evidence. Save for a formal motion for an arrest of Judg ment by Mr. Gortner, as a malter of recsrd, and which was promptly over ruled, nothing was presented, ujid the court proceeded at once to pronounce sentence. No clearer account of the case and of its sensational conclusion could be found than in the statemeiu of the court In pronouncing sentence. That portion of the record is, there fore, given In full: Jl IX.I : M'llF.N KIMIIMiS WD hi:.n:.tn of Al.AKIO The court: As the court said on yesterday, the court is proceeding In this case strictly in accordance with the law as laid down in the cast.- of the 1,'nlted States against Carroll, 147 Federal Reportar. In that case, the defendant was dis charged because he attempted to get an outside parly to Influence u Juror; lie did not approach the juror himself and Ibis oulslele party said lio Juror was .1 hard-headed fellow, and he didn't think h.rould do anything wilh him or something to that offset, and i,o lar as the evidence shows, the Juror was never reached at all in any In telligent way. and the court held that tlieie was no obstruction of Justice, becnu.se of a miscarriage because it miscarried; they did not reach the juror, and accomplish Htiy purpose by it, ill the way of obstructing Justice, and at the same time, thn court (an nounced that If the parly had actu ally attempted to get a Jurcir Inllu ence a juror and get him to v,,u for or against an Indictment Inlluence his conduct in otherwords whether It was accomplished or not. It would be a contempt of court, if the matter came In contact w ith the Juior. Now. this information here, of Hersc h as the court called attention to once before has more than one al legation in It; It sets up that certain words were said to him by Alarid, and that he meant so and so by these words, and then it begins a new para- er.ai.h alter staling what he under , .L.. u...r.lu I tlOtfiflM U ntfi stooo mcr..- -. ;i ! sentence, maaing hoocui-i charge, and that is'that he attempted lo persuade and Induce? Jurors, and In fluence their conduct In the premises in regard to their duties either not to vote for. or return an indictment I do not remember the exact language used, but that clause Is in me.inior- tinent In view of the testimony mac. is here introduced this morning; upon the Introduction of this testimony. I p to the Introduction of this testimony I hk morning, the matters lesuieu u prior to that time had been preti' !k...M,hiv .lenieil bv all the wit denied by all cstnrday. Tkij luyllmnnv nil this morning N en i. .. ... .... u r , , i 1 1 1 i-, i lirelv different: It Is undented, practi cally, by the parties Involved: Mr. Alarid and Mr. i.ri.go neither of them take the stand to deny It. consequently it stands for what It is worth. Now. h. re are four witnesses, all of them grand Jurors, who served with Mr. Grieg., on thsl Jury: they testify to the la-t that they were members of the grand Juiv on tne nineir.e,,,, ... I October, and that on that day Mr. I Alarid and Mr. Grieg., called upon a" iof them, both of ihem together. In .11 .a... r,r In the presence of ;thuH r,ending before tne giau.i jw.j- Tim last two w itnesses 1 in. .re int. MiK' id ". ,h's ' one especially seems to be a very bright man. they are both bright men, but this lust witness is a very bright man they state that Mr. Griego called them out and talked to both of them on this other occasion, and asked them to reconsider their vote on the indictment that had been found. In volving these coal lands In San Juan county, so that Is connecting it abso lutely with this indictment. There was some confusion in the first wit ness' testimony, but the other three undoubtedly connect the matter with this very Indictment, and they said what had been done could not be undone, and the talk was about re considering the Indictment thftt had been found; had been voted upon, so there can be no ciuestlon of this con versation between these men relative to the business that was pending be fore tbe grand Jury, and It undoubted ly occurred; there can be no ciuestlon but that Mr. Alarid and Mr. Griego called on these four men unci had this conversation with them, and that on each of these occasions $.10 was of fered each of these men: they were Informed they could each have $50. the first two men If they voted against an indictment, and the lust two If they voted to reconsider the Indict ment. Now, there can be no ciuestlon about the facts 111 Ihis case. The 147 Fed eral lays down the rule that in these contempt cases they are criminal In their nature, and the testimony to warrant a conviction, must be beyond a reasonable doubt; the court must be satisfied beyond a reasonable doubt as to the facts. There is no reasona ble doubt left In the mind of this court in this case at ail, that there wcuc an attempt here to Influence thcae four Jurors two of them to vote against an Indictment, and. two of them to reconsider the vote that had been cast; there can be no ciuestlon; there is no denial of II. and the court must hold that this conversation occurred. Just as the witnesses testify that it did occur. Now, as ta the charge when you fnmic to the actual chanrc uiraillst ! these men the conversation, w hat was done, is Incidental to the main charge.' that they were attempting to obstruct Justice. That is the charge, and all the courts hold that an at tempt to reach a Juror and persuade a I Juror, or' to in any way Inlluence him 'O reiuse co reiuin eiu nieiie uiiriii, ..i to return an intncimeni, is au ou stritctlon of Justice, within the mean ing of the law, and therefore, the court must hold that Mr. Alarid Is guilty of the charge made, and of the contempt alleged, here In this case; the proof la conclusive; It Is very dif ficult to obtain proof as has been ob tained In this case, but it has been obtained In this cav. and the court for a long time has been anstlous. ow ing to the constant charge trmt Juries were reached and Juries were fixed. and things of that kind, and the court never navmg oeen aoie co reeicu evidence to that effect, aa direct as this the court has been anxious to reach a case where It could be shown conclusively that this was done. Now, I regard this as having been shown conclusively, and beyond a reasonable doubt, that .there was an attempt here made by Mr. Alarid to influence this Jury, and to get at least two of these Jurors to obstruct Justice In the meaning of the law. I there fore shall hold Mr. Alarid 4s guilty of contempt of court In this case, and will Impose a sentence of, ninety days In the county Jail as a punishment for this olfense. Air. Gortner: If the court please, I would like to have the record show, and before the Imposition of a sen tence, I would like to move for a new trial, and an arrest of judgment, upon the same legal grounds that we have raised during the progress of the hearing. The Court: Nothing new: Mr. Gortner: Nothing new. Mr. Gordon: To save th-; record? Mr Mr Gortner: To save the recoru. Gordon: I object to the mo tloii. Motion overruled, and exception no ted for defense. Respondent brought before the bar! The Court: Mr. Alarid. the wit nesses here have established undoubt edly, that you. In company with Mr. Griego, did go to the houses wnere I'nited States graiin jurors were scal ing and attempt to gel them to change their vote, and to vote against an In dictment In the case that was returned here, and whic h was under considera tion at that time. This is a violation of the law, aa you well know, and It was very, very highly reprehensible conduct on your part. I am aston ished to find that you would be a party to a transaction of that kind. The court cannot Ignore testimony of these witnesses, who testify that they know you. and testify that It was you with Mr. Griego. Now. the court In this case will Im pose a sentence of HO days In the county Jail upon you for this conduct, hoping that this may accomplish the result of forever preventing yii from anv attempt on your part to inn-rfere with Juries in any way in this county. It bats been mentioned to the court on many occasions that you atteinirted to do that thing, and no evidence has been obtained before to the effect that you had. and as you testified on yea teniav. you did not attempt to Influ ence the Iury that tried and convicted you In this court during this term of another ofTense that went a long ways in rehiittlna- the Idea that you were engaged Iit this kind of business, and the court was Impressed with that statement of yours on yesterday, for the reason that it appeared reasonable that if you would attempt to influence any Jury, you would attempt to Influ e"ee the one trying you for a criminal ofTense. You testltied that you had not attempted to Influence that Jury, and thai jury did convict you, but the testimony in this case remoes that impression and shows clearly that you have been bv some means Induced, or have gone Into it voluntarily, to ob struct Justice In . the Fnlted Ktstes court here, and you must suffer this nenaltv for It. and I trust that It will have the effect, both for you and II other persons that this cannot be done In this Judie ial district, and If It Is done, that a most searching Investi gation will be Instituted In every ease, with a view to ascertaining whether or not It Is true, and that certain punish ment will follow. I will make the pen alty "n davs. with the hope that It will accomplish the purpose the court Intends by it. to forever prohibit you from Interfering with Juries. The Judgment and sentence of the court is that you be turned over to the custody of the Cnlted States mar shal if the territory of New Mexico, and that you be Incarcerated for a period of "0 days from this date In such Jail aa he may see fit to confine vou. under the raws of the I'nited States, or in the Jail at the peniten tiary of the I'nited States, aa he may see ft Mr. Gordon: If your honor please, counsel for respondent has not fully determined what further ,roceedings he shall take, and saya mal win ne considered during the day. snd the matter will .bs-iilc d whether ti ssk for. or take, an appeal, and has re quested that defendant remain In the custody of the marshal during the day. and not be actually com muled; I have no ohJK-tion to that. The Court: That will he done. The Court: Mr. District Attorney, it Is shown here that Mr. Griego Is equally guilty with Mr. Alarid. but Mr. Griego ha not been formally charged, and He has a right to be heard. Mr. Gordon: I will state to the court that this Is a similar case to the cases set out In the 1.11st supreme court and without this court having to have a formal Information: that Is. from tbe knowledge of the court, and the court may now direct him to show cause on a certain clay in view of this certain testimony why he .should not be adjudged guilty of contempt. The Court: I agree wilh counsel, under several decisions; it is a direct attempt and, therefore, ii can be pro ceeded with without a formal written complaint; It is as If coinmitled In the court room, under the decision In sev eral cases, but Mr. Griego Is eiilillcel to his day In court. Now, Mr. Griego, the court will have to require you to show cause why you should not be punished fm contempt also, on the iiilonnallon the court has received from these wit nesses this morning, who testify that you offered them $.". each to vote 4o reconsider the Indictment, that they Informed you they had found; you knew that had been done, because you were a member iif the Jury with them. Now, what time III ou Mr. Gortner. are you to represent Mr. Griego? Mr. Gortner: Inaudible response!. The Court: If you will. The court must h ave Saturday morning for San Juan, and 1 would iike to close the business up tomorrow iind you h.ne heard the testimony here. Mr. Gortner: We III consult at once. If your honor please, and re spond this afternoon at least, 1 will let your honor know what we will do thls'ufternoon. The Court: Then the court will ad journ until 2 o'clock for that purpose. THK OI'IITK 't'l,l SIOS AM) KKNTKXt'K OF t.RIKGO Complying with the order of the court. Gregorio liriego and his coun sel, Mr. Gortner. presented themselves In court this afternoon at 2 o'clock and again the record of the proceed ing gives the clearest account of the matter to be had. Il is given In full: Mf. Gortner: In the matter of Gregorio Griego, we submit ourselves to such punish ment as the court deems proper on the direct contempt as testilied to by two of the -witnesses. In the case re cently pending before your honor, without the necessity of accusation, or trial for direct contempt. The Court: Mr. Griego, stand up. Mr. Griego, you heard all the court said to Mr. Alarid this forenoon, did you not? A. Yes. sir. Kverythlng I aaid to Mr. Alarid, of course, applies In your case, the same as If the court hud relteraited the same. I must express e". lsc ul your con duct In this matter. 1 know that the native people are great friends, and adhere to one another under certain circumstances, very closely. Hut, It Is no act Of friendship to violate the law. as you have done In this case. You are' an Intelligent man a man who certainly knows belter, and as I say, a man whom I am surprised to find do ing what you have done in this cuse In fact. Mr. Griego, you are more culpable In one sense. In this matter than Mr. Alarid, because you were a member of that Jury, and you stand in tha ofiltu.lo ttr urlAmnllnr to nervert lluatli'e hv leading some of Vour fel low members astray. Hut. I want to call your Attention especially now. to what a testimonial It Is. of these four men who testified against you. some of them poor men. who need the mon y badly, evidently, and yet. when their hour of temptation came, they withstood it like men, and could not tie swayed from the path of rectitude and duty. I do not know what Inllu ence may have tempted you. that got you to take this course, but certain II Is thul you must com puro yoursi ir with men and feel hiimilluted on Mils occasion, by comparison. There Is a difference! betwe-en your case and Mr. Alaiid's. So far as I know, you have iicvit been charged with anything of tills kind before-; I know that you have he.-n considered a very good rllixcn In the county of Taos, among your fellow clli.ens there; I have held court there for many years; had you upon Juries there, and have seen you freqiieMi ly there, and I have heard peoplcspcuk of you there-, and I know you were held III high esteem among your people: you have a family a respectable family, and these considerations. Ill addition to, the one that this Is the first time that you have been charged with this ffense. or any oilier, so far s I know before me. I will make a difference In the penalty. I Thf Judgment of the court Is. that vou pay to the l'nlle;d Slates of Amer ica, the sum of $00, and that you stand committed until the fine Is paid. This Is quite a sum of money I sup pose, even for you lo pay. Mr. Griego.; but It will help yon remember Ibis o -eastern. Whllet I have no clout. I. from vour previous reputation, that the tin- j initiation of this affair w HI be sutil- cleut to deter )"ii from ever going into anything of ibis kind again, on your own account, or on any ""'f (Continued on Page 3, Column I) 444)44)S0 ) Addison Wrote: 4 A alsiur lira tel.l In a tl.-i k e.f inarl.lt and Ilia art ..f th a. ulil..r emly el.-sr away Che minernu.'Cia mat ter, ati.l leeBiovc-a the- r.el Mah." i fstntnpc. nf ''Onnrntunitv." viuiv. ri a "Success," and "Good Fortune" lie concealed and often scarcely con cealed at all-in every page of classified ads; and the art of the leader "clears away" those want ads that do not appeal to him and investigates and in quires into those that do. d4Kfv4v44)tM 0 $330,000 PENALTY 'IN GRAND CANYON LIME CASE Convicted of Sixty-six Viola tions of Eikins Law in Ship ments From Arizona Com pany Will Appeal, lly Meerolng Jeiaraal Hpec-lal laaeel Hlra. I.os Angeles, Cal., Nov. 7 Judge (Mill Wellborn, ill the Cnile-d Stales district court, today I'm. ,1 the Ati bi son, Topi'ka and Santa Fe Uallload company $:i!!Ci.nciil for rebating. Tin tine was what the court denominated "an intermedíale penally." ' the maxi mum which in it hi have lieeu assessed liellig $ 1 ..'Iii.iiiiii and I lie minimum $!6,IHiO. The court review e el the case in writted opinion of some length in which it slated that there were suffi cient doubtful and extenuating cir cumstances to preclude- the possibility of a maximum sentence ami yet suffi cient intention of wrong doing shown to make impossible a minimum pen alty. The Santa Fe company was con victed em Oe tolier 11 last by a Jury In the federal court of granting re bates to the Grand Canyon I. line and Cement company of Arizona. It was found guilty mi all of the lid counts ehiiige.i In the Indictment after but an hours deliberation. 'I he rebates which were given on shipments of lime and cement from Nelson, Allí., to l,os Angeles, ranged In annum from 35 cents to $15. The company claimed thul these amounts ere not relíales on the regular freight rute, but ere in the form of damages to goods shipped, which were allowed after such claims had been regularly presented and provecí in each Instance. The court today did not take that view of the case, however, and stated that it "was not convinced by any means t licit these- amounts represented bona fide settlements of claims. " So licitor W. K. Camp, for the company, tmiiiedi.itely moved a slay of Judg ment, which was required, he said, by the lime necessitated In preparing the defendant's bill of exception. Coun sel indicated that January 1 would suit them for a limit on the stay. I'nited State's Attorney Law lor ob jected to so long a time ami Judge Wi-llliorn fixed the stay at .111 iImh with the privilege of an extension. If a siifticleuit showing should he made 'to the e-ourt at that time. The court then peremptorily called the next case- on the clorki-f. None of the Santa Fe officials were present to day, the company being represented hv Solicitor Camp and Attorney Va u Colt. Judge Wellborn's cleclslo-.i Is In part as follows: "The Klklns law. under which the defendant has been c -onvlcted pre. Hcrihe-H aa the punishment for its vio lation a flue of not less than 1,000 nor more than IHO.IUK). "For a eiuarler of a ce-nluiy con gress has soughl to so reuníale com merce between the states and terri tories so that tile agencies of trans portation engaged in sue h commerce shall be open lo all persons and local ities upon terms of eeiinllly, and to this end the statutes uniformly and sternly forbid all sorts f disi i (initia tion and favoritism. "The evil practices thus sought to be suppressed have) bee-n so wide spread and malignant and are so fully within the common knowledge that they reeiulre no comment at this time, mid It nee-d only be said that the Klklus la- and al) other acts upon the same subject should be so eeiiisirued and enforced by tin- c ourts as to pro- mole their policies and exie-rininaia the evils against which they am cll-IC-cteil. "Had there be-en no mention bv de fendant's counsel in lite matter I should not, of course, be mindful of the salient fact thai Hi" uniaxial con cessions made by the defendant were small In amount, ranging from 'I.', cents to $14 35, averaging ."..2ii',, and ag gregating $.140.50, which aggregate not more than one per cent of t tie total traffic of the same sort contrib uted by the shipper to whom the con cession w as made. W illie- i he e Ir. unc stances do n! In anv wav afle-.t Hie Khs!ri-t ejue-stlon or limo, e lie e- or guilt, th'-y are manifestly Important fae-tois in liet. rmlnlng the- punishment to be Inflicted, ami together will) eithe r malteis of e-s cm im-in e ap pearing in Hie recoid. w bien I elo m.l take time to enumerate, fm bid the niHvfmum penalty. "I am inclined to think that the de-r. nelint's iin.lei King purpose In Hie transaction complained of was to fos ter ni Us eewn lines sny Industry which would pei imiiiinll.v conn Unite to Its larllf again! competitors In either localities depending on oliie-i hues eef tialispol t.n ion for access to 1IIM1 Ket. . What the defendant s motives ami Urpose-S Were. lloWe-Ver. auooi - i. i. rm neel from hum iing in cue re-c ord, nor Is It ni-eis'ary that it should be- done. et. "I am satlstleil thai ine c lo.-n- .show as was distinctly sn.i lorcioiy sillied bv Mr. IjSWIor. i ne oisin.-i ae- itorney. that the e-once-.si.cis -e-ic io- feiitMiiallv snd siemntie anv inaoe snd it Is bard to Is lleve- that the cic len, lant did not know that they were unlaw tul de-nat lure-s fr..m Its estab lished tariff. At all eeviils. Igneer jeiiec e.f the law under the elr.iim .i.i,. in this ease would Imply a 4 1 degree of neglige nce well nigh e.pilv- . ale nl to guiliv know ledge These lat-f-le.r i onste I- rations w ill not permit no te cltfy the present rase as onej Í 'wbl. h . alls for the- lowest pe nalty the !an al'aw" i I t tng then, as unsiliee.i eo cue I present case, both the mnlinum snil itbe minimum i..-na !i !-. I must nnd iaollienheie IsHWeen tbe IwUi. Sll.h a Imedlum. as under ail rlriuni-isii'-s 'nf tha ra- seems to meet lis Just le . ieeoliements. and thereupon p'onnunr! the sentence, hleh. while not unduly iaeversk will vet effectively serve as a ipei-IMiiiHl warning to all persona .against like offenses In the future. The judgment of the court is that .tlie de-feu. lant f nie nced to pay count of the indictments." Tills made a total of sixty-six cuunls. $330.000 on I'ltlMlll AT Itll'l I V SYS ROl Wil l, APPF.AI. CAKF. Chicago. Nov. 7. The- new depart ment of the Santa Fe in tills city de clined to n-ake ans statement about the line for rebating, but one mem ber said an appeal would undoubtedly he taken. President l'.lpley said: "We do not care to make any criti cism on a Judic ial decision except to sav that we do not think we were nuiliy of any violation of law and Hint we shall carry the case to the court of last resort." Indue Wi llls.rn I.Hc-leaig li ioim iiiI. I.os Angele. Nov. 7. Federal Judge tMIn Wellborn, who today se-n- n in I'd Hi. Santa Fe Uailroad c om pany I. pay a line of neany one-third of a million dolíais for rebaling. Is t years old and a southern deinueiat. II" is a native- of Geoigia and a Con fedérate v.tei.in. lie was a member of ilie Sixih H.oiKiii cavaliy and wa: wounded at the battle of Cble-kamau-lie siii i e iid. i i d with the com mand of Gen. ral Joe Wheeler, having i. in In-. I the griiele of brevet colonel In the sen Ice. Judge. Wellborn came lo C.illlornia in I s s 7 and w as ap pointed to .lie federal belli h by Presi dent Cleveland In IMi... lie served ' foul lei niH ill congress from the lial 'Ins. Texas, district, being a member of the foiiy--iMh. forly-se-veiilh. for j I -eiglilli and l'oi-lv-iiinth congresses. COMPETE RETURNS FROM SAN FRANCISCO ELECTION San Francisco, Nov. 7. The count of the .tes casi 111 the cltv and county ele. lion as completed at 1 :UI p. Ill today It shows that er the fi7.01 'ballots cast for mayor, i. .Kdwanl It. Talor, the- good government In cumbent, received L'S.NOti: P. II. Mc Carthy, union. 17.SI7; 1. A. Hyatt, re. publican, W.275; K. I.. hWuIn social ist, l.r.nj; Ta lor's plurality over Mc Caithy is 11, IN and his majority over his three opponents is 411. of the r.li.llti,' votes i ssl for district attorney William II. I.aiigilon, good government Incumbent, received 34. ".'; Frank Mcilowan, union labor, 1 9 . B 7 H ; Krnost K. Kirk, socialist, 1 2 s. Ijctigdon's plu rality over McGowan is 1 5 . fi s 7 and his majority over bis two opponents Is 13,508. GUILTLESS i Former Secretary of Delegate Andrews Acquitted of Charge '..f Aiding in Wreck of Enter prise Bank. (Hy Morning Jouraal Spec ial l eased W Ira I Flushing. Fa., Nov. 7. Forrest It. Nle hols, former secretary to William II. Andrews, ile-legati- In congress from New AJexleo. was found mil guilty In the I'nited Stales district court today. Nichols was chaiged with aiding and abetting Cashier T. Lee Clarke III w ree king the F.ntet prise National hank of Allegheny about two years ago. This case Is the last or tne many growing mil of the sensational failure of the Fnlerpi lsc- National fol lowing the suicide of Its cashier. T. la-e- Clarke. Most of tbe olhe-r cuses have resulted in convictions. 4'lilcagci Capitalist llankriipt. Chicago. Nov. 7. Karl II. Iniinont. a capitalist, today failed. I.lal.llilies were given as til2,ntiil and assets at $:iii:i.iiciu. 'I'll.' lalter Is I lie par value of si-curltles which Duuiont declares are now practically worthless. a 'Jc le-graplii-rs lli-uiisl i;iiiplolilcnt. New York, Nov. 7. Two hundred former employes of the Postal com pany, who applied for their old places here, were told that all vacancies had been tilled. SENATORS PROBE Teller and Curtis Visiting Bor der Towns in Search of Proof Against Men Who Swindled Indians. Hr M.ireiii.a 4..nrniel SperUI leawd Hire) Kl I'aso. Texas. Nov. 7 lulled States Scnaloia Teller and funis, en route lo l. Míalas, where they will conclude- the taking of testimony In the Kicks poo alleged fraud cases, arrived here today, and left tonight for tin Una I i oiife-reni with Indians of the tribe ul lloilgla-. W. S. Flt-ld. counsel for the Indians, is in the pailv also While Ilie sena tors did not discuss 111 aeldllc-c-.l. the atlornec (iionf s. eteclared far that enough evidence had been secured to convict unscrupulous land de-aleis eef forging deeds f..r Oklahoma lands In volved In the fraud ti a n,e' t ion. It i tinde-rslood that a . r. e ..niin. ndatlon will be attached to tin r-..ot of the committee. appl.vliiK to th" return of the Oklahoma lands and Ilie prosecu tion of the persons inioiv.-.l in the ul lege d fraudulent iieins.i. tnui. NEW ENGLAND FACTORIES CLOSED INDEFINITELY Mt 'llHHIsainl Men Uese F.eildo)IIMllt llet aii-s- or I man. nil n-ia. pi,i.,.ri f'.inii Nov 7. The Cm..ri...n :r.. ,,i,ii nh.. ne eoiiiiiecnv. em ploying L'.ieiMi hands, anno ne ed today that the fai l. TV wouni snui no n io- nlght for an In.leitinle period. ine close la fore-ed h present financial e-ondittois The Bullaul Machine and Tool com pany, empiovuig '.linn bands. i run ning on half lime. Itudsev. S-unens A- Co., roi-e-l m. ch ufar! urera. employii g 2. muí leerseins. has closed. The notice says that the hnt-d'.wn is to make an Inventory. tine of $5.nn0 on each JURY FINDS NICHOLS LAND FRAUDS USE DYNAMITE TDSCAREOFF WITNESS SENSATION SPRUNG IN ADAMS MURDER TRIAL Man Expected to Testify for State Disappears Leaving Letter Scoiing Senator Hey burn for Lack of Backbone, I Br Moraine Janraal Hsvrlal lamaed Wlra ) Itatlidruin, Idaho, Nov. 7. United States Senator Ileyburn, of Idaho, was broughl Into the trial of Sieve Adama today for Hie alleged murder of Fred Tyler three )ears ago! In the Marblo Creek elisirli-t of Shisshoue county. Archie t'hllipps. w liei testilied for the state at the llrst trial of Adams, tils appeared recently from his home lif Spokane, but left a letter to Henry I'. Knight, attorney for the slate, assert ing that his life was in danger, that he had received threatening letters several times and a week ago Inst Sunday found a sac k with ten pounds of d nn in He, a box of raps and a roll of fuse hidden behind his house. I'hlllpps. in this letter, expresses dis gust at the treatment he has received from the stair and the government, says his wife Is a nervous wreck from terror, and he severely censures Sena tor Ileyburn for hla failure lo secure hla appolnlmnt as an estimator on the I'oeur d'Alene Indian reservation. I'hlllpps encloses a letter from Sena tor ll. ybuin to Chairman Shoemaker, of the Koileual county republican committee. In which the senator says: "I note what you say with reference to Archie I'hlllpps. There Is a Judg ment In the court here t'hat he Jumped the claim over which the killing of Hotile took place on the Marble Creek. It ould mil do to appoint him. as il would cause a row. I have Instructed that his application ne withdrawn." Commenting on this letter. I'hlllpps wrote: "I think Senator Hryburn's backbone Is pretty weak when ha Is afraid of appointing me. I auppoan lie thinks it will weaken his chances for re-election with the federation when he comea up again. However. Senator Heyhurn and the state of Idaho and the Job can go to hell a lac us I sin, u..nc-riad." The le.ti s wiih re-ad by Mr. Knight on the witnci-s stand and followed the filing of an nfttilavlt that the slate willed to pur Into the present record the testimony of Mr. and Mrs. I'hlllpps given at the former trial at Wallace, The defense objected. Judge Wood excused the Jury w hile be heard arguments on the point. The defense contended that the statutes and the constitution provide for no such move, while the state ar gued that the defendant necessarily did not have to be confronted by the witnesses. The court took the mat ter under advisement. The fate of the case mav hang on this point. - E TALLMADGE LAND GASES Indictments Charging Con spiracy Will Be Tried In De cember, in District Com t at Roswcll. Saarlal IMtaalrh to lbs atarais eleuraal.l Santa Fe, N. M. Nov. 7 It Is learned he-re today that the aciUittl of II. H. Talmadgu by a Jury at llos te...ii ve.-oerHav on m land fraud charge does not end the government proceed ings against the Talmadge brothers. niliclme-nts e-liargliig conspiracy are lei he tried In Koswe-Il before JU.ige ,..,.. In lie. ember and It is Ullllerslesl.t thai the go eminent expects to be able lo make- a somewhat stronger rase on Ihe-se- lalte r in. lie tinenta than In the mailer rinsed yesterday. MOB FORMS TO LYNCH INHUMAN FATHER Snokane. Wa-h.. Nov 7. Sheriff 'Itai-dilT has received word tht a mob I- forming al Klberton to lynch Jami-s t.. le i-oí. who Is In Jail at Colfax, c-baig'-d with maltreating his Ji-yesr-ol.l elaiighter. He Is eald to have con fessed. CALIFORNIA SITUATION SHOWS IMPROVEMENT sa-l m Oilcel San I raile'tse-o llsnk Kl las ts to léc-iM-ir Money Suly liu-rca-dng. Sao Francisco, Nov. 7. A de-elded iin.roe-iiient wss ex pcrlenccd today In flnain-lal circles. Money wsa more plentiful than It has been f..r the last live days. Another flood of gold was turned Into the illy from the sub treasury today. $3.i.oiei being paid out before noon. This large sum e-ame from New V.erk and nlno-lenths of it was for hanks In this city. The rest. In small a nounts. went to banks in Stockton. Sacramento. Oakland. Kverctl. Wo.. and Ogden. I'tsh. The e.rtieera of the California Pate and Trust company conferred with Hank Commlstoiier flaroutte tenia), hut wouM give out no statement. The lmp:e ion prevailed that the Institu tion will soon re-open. The Oltisetis Slate Hank, which closed Its doora . Mait-relay. expects to re-open on Mon day. ... in COMING