The Elk Mountain pilot., 1882-01-26
JUSTICE D0LLZSONPLsEs 10
EXPLAIN.

EXPLAIN.
Justice Dollison's action in the ac-
qultal of Ware in the preliminary
hearing, wherein he was charged with
unlawful use OF fire arms, thereby
causing the death, as it is supposed.
of Joseph Bohn, has created severe
comment against him by the entire
community.-Pizdt
think can safely say that Ware
never was arrested, and examined OH
a charge Of unlawful use of firearms,
and therefore question the righ. of
the citizens of this, or any other COM
munity to criticise my actions con-
cerning matter that neve. existed.
But find on file in my Office the fol-
lowing complaint:
State Of Colorado ! :.
Gunnison County. .
ohm Ehrhart, of lawful age,
being first duly sworn on his oath
doth say; That at the county of Gun
nison, in the state of Colorado, on OF
about the 10th day of December A. D.
1881 one Robert w. Ware then and
there being, did feloniously kill and
slay one Joseph Bohn there and then
being, contrary to the form of the
statute in such case made and provid-
ed and against the peace and dignity
Of the people of the State of Colorado.
JOHN EHRHARr.
Subscribed and sworn to before ME
the 27th day of December, AID, 1881.
MAYNARD F. STILES,
Justice of the Peace.
Gunnison Co., Colo.
This complaint was brought to my
Office on charge of venue from Justice
Stiles on the end day of January 1882,
and was drawn under the first halt of
section6 GIG, gen. statutes OF Colorado /;
under this section it was incumbent
on the part of the prosecution to show
that defendant was engaged in an un-
lawful act at the time when the alleged
offence was committed, and this was
all the prosecution did prove beyond
the fact that the deceased, Joseph
Bonn, was dead. The prosecution
here closed their case for the state,
and the defense moved the court to
discharge the defendant, alleging as
grounds for said motion that the pros
ecution had failed to show by the tes-
timony of the witnesses that deceased
came to his death by reason of any
injury received at the hands of the
defendant in consequence of the un-
lawful acts of defendant, as testified
to by witnesses for prosecution. Upon
consideration of the testimony intro
duced and examination of standard
authorities on the subject, the action
against defendant was dismissed the
authorities..referred to above are found
in end Wharton, American Criminal
law, parts Of sections 941 and 1864,
upon these authorities in connection
with the testimony, based my deci-
sion. I believed was light at the
time, and after obtaining the opinion
of some of the ablest attorneys in the
county, among which l name H. L.
Karr and D. w. solliday, on the
subject, l am now fully convinced
that my actions were in accordance
with the law and evidence, and as
actions speak louder than words tbs
only necessary to call attention to the
practice of the District Attorney in
tfe Tomltchi murder case, where,
after proving by the testimony of a
number of competent witnesses, the
shooting, the character of weapons
used, the injury received by deceased
in consequence Of said shooting, and
the death Of deceased within a few
minutes after receiving the injury,
asked to have case continued for the
purpose Of obtaining and introduce
ing the testimony to show that de-
ceased came to his death by reason of
the injuries received at the hands of
the defendants as testified to by wit
neses for prosecution. Now as to
the intimations and insinuations of