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Santa Fe., Santa Fe, Santa Fe County, New Mexico
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U.S. Supreme Court opinion received in New Mexico upholds convictions of Borrego gang murderers, rejecting habeas corpus appeal, validating judge's cross-district authority, and special Santa Fe term; execution to follow mandate around late next month. (187 chars)
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Received This Morning—Three Important Points Decided.
Solicitor-General John P. Victory received from Washington this morning a
copy of the opinion of the U. S. supreme
court in the case of the Borrego gang of
assassins. The opinion was prepared by
Chief Justice M. W. Fuller and is the
unanimous expression of the court. It
is quite lengthy but the New Mexican
will print it in full in a day or two. Suffice for the present to say that it deals
exhaustively with all the technicalities
raised in the trial of these murderers by
their attorney, T. B. Catron, and in every
instance rules in favor of the regularity
of their hearing in the New Mexico
courts. Three points are thus decided in
behalf of the people and of justice.
First, as to the right of appeal to the
U. S. supreme court by habeas corpus, it
is decided that there is none.
Second, the right of a district judge to
hold court in districts other than his own,
is declared legal and fully authorized by
law: and
Third, that the special term of the dis-
tract court at Santa Fe wherein these
criminals were tried in nowise conflicted
with the terms of court in San Juan and
Taos counties, and was perfectly regular
—'jurisdiction did not depend on the
stroke of the clock.'
The status of this celebrated case now
is such that, upon receipt of the U. S.
supreme court's mandate, following the
opinion above referred to, and which
under the rule should reach Santa Fe
about the 26th of next month, an ad-
jour ned session of the territorial su-
preme court will be called to fix a day at
least twenty days hence for the execution
of the murderers.
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New Mexico, Santa Fe
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U.S. Supreme Court unanimously upholds convictions of Borrego gang assassins in New Mexico courts, ruling against habeas corpus appeal, affirming district judge's authority to hold court elsewhere, and validating special term at Santa Fe as regular; sets stage for execution after mandate receipt around 26th of next month.