Albuquerque Morning Journal

Tuesday also the attorney general was instructed to take charge of the case, but was called to Santa Fe on business of the territory which could not be postponed, and reported that it would be impossible for him to go on with the case this week. Wednesday and Thursday were occupied with the trial of minor cases and yesterday, upon application of the defense to proceed, Mr Hickey stated that under the circumstances he would not remain in the case, announced his retirement and thus left the territory without a prosecutor on the ground. While the court stated that no showing for a continuance had been made by the territory, however, a condition had been created which seemed to require a continuance. Counsel for the defense stated that they would not move for a dismissal of the case for lack of prosecution and insisted that the court had power to appoint counsel to represent the territory. The court, however, doubted its power in that regard, stating that several members of the bar who had been requested to prosecute had declined to do so. The defense resisted continuance on the ground that delay of the trial was greatly prejudicial to the defendants, particularly on account of the danger of losing material testimony, one of their important witnesses already having died. The court, however, granted the continuance and the court fund having been exhausted, the case cannot now come to trial in all probability before next February.