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Show 394. LEADING FACTS OF NEW MEXICAN NEW HISTORY period may be said to have extended from the date of the organiza‘‘judicial gem’’ was repeated to the writer, as hereafter follows, by Colonel William Breeden, whose fund of stories of the bench and bar of the second period, was almost inexhaustible. José Martin had been convicted of murder in the district court held at Taos, and the crime was shown to have been of 2 very aggravated nature and without provocation. Judge Benedict evidently concurred in the finding of the jury. When the time for sentence had arrived the prisoner was brought before the judge, who addressed him as follows: ‘* José Maria Martin, stand up! José Maria Martin, you have been indicted, tried and convicted by a jury of your countrymen of the crime of murder, the court is now about to pass upon you the dread sentence of the law. a usual thing, José Maria court of justice to There is something Martin, it is a painful duty pronounce upon a human being horrible about it, and the mind for the judge and As of a the sentence of death. of the court naturally revolts from the performance of such a duty. Happily, however, your case is relieved of all such unpleasant features and the Court takes positive delight in sentencing you to death! ‘‘You are a young man, condition and robust health. José Maria Ordinarily Martin; you apparently might have of good looked physical forward to many years of life, and the Court has no doubt you have, and have expected to die at a ripe old age; but you are about to be cut off in consequence of your own act. José Maria Martin, it is now the spring-time, in a little while the grass will be springing up green in these beautiful valleys, and on these broad mesas Singing their and mountain sides flowers will be blooming; sweet carols, and nature will be putting on her birds will be most gorgeous and her most attractive robes, and life will be pleasant and men will want to stay, but none of this for you, José Maria Martin; the flowers will not bloom for you, José Maria Martin; the birds will not carol for you, José Maria Martin; when these things come to gladden the senses of men, you will be occupying a space about six by two beneath the sod, and the green grass and those beautiful flowers will be growing above your lowly head. ‘“The sentence of the Court is that you be taken from this place to the county jail; that you be there kept safely and securely confined, in the custody of the sheriff until the day appointed for your execution. (Be very careful, Mr. Sheriff, that he have no opportunity to escape and that you have him at the appointed place at the appointed time.) That you be so kept, José Maria Martin, until— (Mr. Clerk, on what day of the month does Friday, about two weeks from this time come? March twenty-second, your Honor). Very well,— until Friday, the twenty second day of March, when you will be taken by the sheriff from your place of confinement to some safe and you convenient spot within the county (that is in your discretion, Mr. Sheriff, are only confined to the limits of this county), and that you be there hanged Maria assume Jury of by the neck until you are dead, and the Court was Martin, ‘May God have mercy on your soul,’ but the responsibility of asking an Allwise Providence your peers has refused to do. The Lord could not about to add, Jose the Court will not to do that which 4 have merey on your soul! However, if you affect any religious belief, or are connected with any religious organization, it might be well for you to send for your priest or your minister and get from him, — well,—such Court advises you to place no Sheriff, remove the prisoner. ’’ reliance consolation upon anything as you of that can; but tne kind! Mr. At may be added that the court records of Taos county fail to reveal any” thing as to the final outcome of this case. It is known, however, that Jose Maria Martin heard of. was never hanged but made good his escape and was never MEXICO DURING THE CIVIL WAR 395 tion of New Mexico into a territory, in 1851, down to the great influx of ‘‘ Americans’’ caused by the construction and advent of the railroads in New Mexico. Chief Justice Davenport compiled the laws of the territory. He was a man of strong opinions and splendid moral character and adorned the bench during his incumbency. The second period covered a term exceeding thirty years. During this time the people of New Mexico were practically isolated from the outside world; there was no telegraph or railroad, nothing but the stage coach, and thirty days were required for letters to reach the eastern portions of the United States. The judges, all conditions considered, worked laboriously. To be sure, they were a law unto themselves in their districts.**® There were few law books even at the capital, and on the circuit text books and reports were unheard of. A copy of the compiled laws and an occasional Chitty’s Plead- ings was the working library of the New Mexico judge and lawyer during the early days. The districts as established by General Kear- ny continued until late in the sixties, when a new distribution 22° oc19 From 1846 until 1860 the territory was divided into three judicial districts. The chief justice always resided at Santa Fé. The first district comprised the counties of Santa Fé, San Miguel, and Santa Ana; court held at Santa Fé. The second district, the counties of Bernalillo and Valencia, and after their organization, the counties of Socorro, Dofia Ana, and Arizona; court was held at Alburquerque, and sometimes, by special order, at Socorro. The third district comprised the counties of Taos and Rio Arriba, the headquarters being at Fernandez de Taos. $20 The districts in 1860 were arranged so that the first district comprised and Taos, Mora, Miguel, San Ana, Santa Fé, of Santa the counties Rio Arriba. The second district comprised the counties of Bernalillo, Valencia, The third district comprised the counties of Dofia Ana, Grant, and oe Pa 4Incoin, From the date of organization the of the Kearny court the to down ad- vent of the railways, in 1879, a period of thirty-three years, all of the opinions rendered by the Supreme court of New Mexico number eighty-four, volume 1 In 1852, of the New Mexico Reports containing eighty-one reported cases. two cases are reported; in 1853, ten; in 1854, three; in 1855, two; in 1856, none; in the years 1875 and 1876 only two, and in the years 1877 and 1878 none at all, and The rourt), chief 1846; in 1879 justices 1851, there are three. from Grafton 1846 sia Ae 1866, John P. Slough; until Baker; 1879 1853, were Joab Houghton J. J. Davenport; 1868, John S. Watts; 1858, (Kearny Kirby 1869, Joseph G. Palen; 876, Henry L. Waldo; 1878, Charles McCandless; 1879, L. Bradford Prince. These also presided over the court of the first district. The Judges of the second district during the period were, court), Antonio José Otero; 1851, John 8. Watts; in 1846 (Kearny 1854, Perry E. Brocchus; 1859, W. F. Boone; 1861, Sidney A. Hubbell; 1867, Perry E. Broechus; 1870, Hezekiah 9, Johnson; 1876, John I. Reddick; 1877, Samuel B. McLin; 1878, Samuel C. Parks, The judges of the third district were (district in the north, court at Taos), |