The Elk Mountain pilot., 1881-06-02
THE END.

W
Thursday morning to get in all of the
testimony. The defense had num-
Der of witnesses, the most important
being Deputy Sheriff Allison.
The evidence on both sides being
finished by two o'clock, Saturday,
the argument on behalf Of the govern
ment was opened by Mr. Dunn, who
laid himself wide open on the ques-
ton Of jurisdiction. Mr.. A. ]. Miller
answered him in a most eloquent ad-
dress, which was not to the court
alone, but appeared to be to the gen.
eral public, setting forth the wrong
in agitating the question Of State juris-
diction, and the improperly of Mr..
Dunn raising this question against the
public sentiment of not only this en-
tire community but of every man who
has a dollar invested in this camp.
Messrs. EFF. .Colburn and Mox Miller,
WHO were employed in the prosecution
Of the case, both spoke ably on the
criminal point, but refused to take any
part in the question Of jurisdiction
raised by Mr.. Dunn. Messrs.. Rood
and Gullet, who were counsel for the
defense, worked hard and incessantly
for their clients, and left no stone un-
turned to secure their release. At a
late hour on Saturday night, tie argu-
ment all being in the case was virtually
closed, and the judge adjourned the
court to meet on Monday afternoon
at two O'Clock, when he would give
his decision At the appointed hour
on Monday quite crowd gathered at
the court room to hear the decision of
the great court, which was. as follows ::
After a long and tedious trial, last
ing through many days, the testimony
being all in and case duly argued by
counsel, it now devolyes upon the
court to decide the case in accordance
with the law and evidence. ItImav be
we'll here to state it is not within the
province of this court to make judicial
decisions or establish boundary hnest to
any particular section OF the country,
but acting under advice from the
higher courts, Of which this is but a
branch, ! feel myself warranted in
holding jurisdiction.
! The fact that an offense was COM
mitted by defendants can not be dis
puted, and the fact that they acted
under authority Of the laws of the
state of Colorado would not be plead
ed in defense if they went beyond the
jurisdiction of the safe laws, and if
the United States courts have jurisdic,
tion of offenses committed, the state
courts undoubtedly have not jurisdic-
ton.
The identification of defendants,
D. B. Powers, H. ]. Parker, William
Yule, James Mcleod, James Buck
master and Charles Buckmaster with
the offense alleged in complaint, be-
ing complete witness for the prose-
cution falling to identify G.: w. John
son as one of SAID defendants, it is Or
dered by this court that action be dis
missed as to him, the said G. w.
Johnson, and after refully consider
ing the testimony both {or and
against said defenda ats, D. B. Powers,
H. ]. Parker, Wm.V Yule, James Nc
Leod. Jas. Buckmaster and Chas.
Buckmaster, it is hereby ordered that
said defendants be held to appear be-
fore the United States grand jury for
the district of Colorado, in the city of
Denver, Colorado, at the next sitting
thereof, and that each Of said defend
ants be held to such appearance in the
I penal sum of 81 900 lawful money OF
the United States.
After this it appeared that one of
the supposed criminals name, Parker
Puckmaster, did not appear in the
complaint upon which the others were
arrested, therefore it became necessa-
ry to have separate trial for this man.
His counsel announced their readiness
to try the case. when the prosecuting
attorneys ordered the dismissal Of the
prisoner on the grounds that the U.
S. Grand Jury would take proper re-
cognizance of him and order his ap-
pearance before that body in case he
was wanted, which was a very wise
conclusion, as it would have taken
another week Of disgraceful proceed