Las Cruces Sun-News from Las Cruces, New Mexico • Page 23

Las of i SKCTION U-SUNDAY, MAY 2, 1976 l.AS CHUCKS, NEW MEXICO Text By Marvin Tessneer A Link With The Past NEWELL SH'OWS off the certificate issued to him in 1908 allowing him to practice law in New Mexico. J. Benson Newell: State's oldest practicing attorney recalls Las Cruces from a "country town with gravel streets" to "quite a city." IN HIS younger days, Newell was quite a hunter, as evidenced by this picture taken in 1935. Carving Out A Life For Himself There was a future to be had in Las Cruces in the 1920's, J. Benson Newell saw, and a life to be carved out of the promising county seat.

And now, looking back at 50 years of legal practice plus several years of community service here. Newell- -former deputy law clerk and mayor--bclieves he made a pretly good choice. Newell, the oldest practicing attorney in New Mexico, came here because it looked like the most promising county seat in the four counties that made up the 3rd Judicial District then. On June 11 he will turn 90. and he still thinks Las Cruces has a pretty promising future.

NEWELL AND the books of his profession Most of his early legal career was spent on the stale's team. But in the mid-19205 when he was defeated in an election (or district judge by Numa Frenger, he decided to open his own legal practice in LasCntces. "I can't remember exactly when that was," he noted. "But Las Cruces was just a country town then with gravel streets." At that time, Newell said, there were four or five lawyers in Las Cruces. Now there are 45.

For many years he had his law office on Las Cruces Avenue, just west of MainSlreel. One measure of the city's development for Newell, who was mayor in 1934-3G, is the responsibility of being a public official in these days. Although he enjoyed his term as mayor, he observed: "Las Cruces has become quite a city since then. It's bigger and more complex. And that means a bigger burden for city officials.

I really wonder if I'd like lobe mayor now. Being mayor now is much more difficult than when I wasinoffice." N'ewell was admitted to the New Mexico Bar on Jan. 9, 1908, when New Mexico was still a territory. He was "certified to practice as attorney, solicitor and counsellor on the motion of James H. Hervcy, altorney general." His story begins in Highland County, Ohio, where he was born on June 11, 1886.

His father operated a grist mill there which was powered by water, he recalls. He attended night sessions at the YMCA Law School in Cincinnati. During the day he worked as a stenographer, shorthand and typing, with a machine supply company. When he completed the law course the June bar examination fell five days before his 21st birthday, so he was ineligible. The next Ohio bar examination was not scheduled until December, and he decided-to visit an uncle Creighton Koraker, .1 New Mexico appealed to December, and he decided lo visit an uncle, Crcighlon Foraker, a U.S.

Marshall stationed in Albuquerque. New Mexico appealed to him immediately. "Albuquerque had about inhabitants then. You knew just about everyone you met," Newell said. The next New Mexico bar examination was not slated until 1908.

And when his uncle offered him the position of stenographer-deputy marshal at $100 a month he accepted. When a lawyer named Neill B. Field invited him to work in his office as a legal secretary he took the position, even though it meant a S50 a month reduction in salary. The reasons for his decision, Newell explained, were lo get the legal experience. His parents wanted him lo return to Ohio.

He felt they would be satisfied with his new job. After he passed the bar he worked for Field for one year and then had his own private practice in Albuquerque for a couple more years. He then took the position as court reporter with District Judge Ed Medler. 3rd Judicial District, here in Las Cruces. At that time the district included Dona Ana, Otcro.

Lincoln and Torrance Counties. Apparently, the district judges had the power to determine where the district court would be based. And when Judge Edwin Mechem succeeded Judge Medler. district court was moved to Alamogordo where Mechen resided. Newell went along as the court reporter, he said.

In 1912 Newell ran for district attorney, as a Republican, and won. He was re-elected twice and served 12 years. Meanwhile, Judge Mechem decided lo move the 3rd Judicial District Court back lo Las Cruccs. A as the district attorney, Newell found himself moving back to this city. One of the outstanding cases Newell remembers from his district attorney days is a unique, although not very exciting, one.

It involved three young men who were accused of burglarizing a Torrance County store. Part of the evidence in the case that was presented to the grand were photographs allegedly showing fingerprints of the three suspects on windows of the burglarized store, Newell explained. The to ra ns were submitted by a female fingerprint expert, he said. But Newell, even though he was the district attorney, was suspicious of this so-called evidence, and he called in another fingerprint expert from Denver. The second expert determined that the photographs were actually reproductions of trie suspects' prints, lifted from the sheriffs office fingerprint cards, and superimposed on the window photos.

When this false evidence attempt was exposed, the first fingerprint expert was dismissed from her position. But for some reason he could Newell recalled, she was not indicted. During his term as mayor, Newell remembered, the Thomas J. Branigan Memorial Library, which still is in operation on the Downtown Mall, was erected. Branigan had left some farm land to the city.

was sold and city officials decided to use the moneytobuilda memorial library. The cily officials also decided to install the entire city hall operations in the library's east wing, Newell recalled with a laugh. The cily did not moveout until 1940. He also look the leadership lo solicit subscriptions lo get the renowned artist Tom I.ea to paint the mural in 1935 thai slitl stands above the library checkout desk. That was in 1935.

and Newell does not remember if I.ea had already gained national fame then. Uesaid he might have selected Lea to do Ihe mural because he knew his father, an El Paso lawyer. Newell is married to the former Josephine Campficld of Albuquerque. They are the parents of two children, Billy and Ada, who also reside in 1-as Cnices. and have two grandchildren and Iwo grcal-grandchildren..