Rocky Ford enterprise., 1895-05-02
District Court Notes.

District Court Notes.
Frank and Felix Woods were sem
tenoed to 60 days in jail and fined 500
for petty larosny.
Ray Clemons was acquitted OF the
charge Of forging check when in the
employ of the Santa Fe.
George Douthitt. charged with shoot
ing at Dick Fedleman with intent to kill,
was sentenced to 60 days in jail and n
fine of $50.
It is predicted that the present session
Of the district court will clean up the
criminal docket. II 80, it will be the
first time in 15 years.
On Tuesday Roland was sentenced to
IL months in the penitentiary and Ander-
son and Miller to two and q half years
each.
Three witnesses were attending. court
from Kentucky to identity Oscar Miller
and Mitchell Anderson as parties from
whom they, the witnesses, bought hors-
es in Kentucky.
Judge Voorhees, is quite sick at his
home in Pueblo with pneumonia. Judge
Northcat Of Trinidad held court for him
one day at La Junta. It is reported that
Judge Holbrook Of the San Luis valley
the remainder Of the term.
Oscar Miller and Mitchell Anderson,
who were charged with the theft Of gu
were found guilty. The latter, while be-
ing locked up, after the jury had brought
in its verdict, struck Deputy Sheriff
Henry Fisher a vicious blow which
knocked the deputy senseless.
Some trouble was experienced, says
the Tribune, in the Roland cattle steal
ing case on trial before Judge Northcutt.
The defense objected to having the sher-
i'll Of the county select an open venire of
iurymen. e. j. Lewis was chosen by
the prosecution and defense and the
the much desired jury.
Late Saturday evening tho jury in the
Roland case, brought in a verdict Of
guilty. r. A. Roland was charged with
stealing and killing 2-year-old heifer
Roland's third trial, the case having
been pending for over year. Judge
Northcutt Of Trinidad presided at the
hearing OF the case.
B. ]. Foxworthy, says the Watermelon,
was fined $40 for failure to respond to q
summons to act as juryman. Mr.. Fox
worthy holds a deputy Sheri6's commits
sion, which he thought excused him from
jury duty, but the court held that Mr..
Foxworthy should have answered the
summons and not taken unto himself the
Interpretation of the law. Also that be-
ing sworn officer Of the law, he should
The following account of the trial of
| he, ,I, kh<,T t. -,
Times: "wednesday was consumed in
the trial Of the Finch boys, charged with
stealing calf belonging to r. L. King.
Tom. Hoffmire prosecuted and Fred Sa-
bin represented the defendants. The
state introduced a. evidence Of Mr..
Kings ownership of the calf the "AK
connected" brand. To this Mr.. Sabin
raised an objection, on the ground that
the brand had not been recorded in the
office Of the county clerk, az required by
statute. At the conclusion of the argu-
ments tho court sustained the ruling
made at the afternoon session, saying in
effect, the statute specifically prescribed
that, in order for the brand 10 be intro
duced in evidence ii must be recorded,
not only at the office of the secretary of
state, but also at the office Of the county
clerk in counties where the cattle range.
The Court further held that while it was
| poIuAAb6oDl6 LUZ tuo pIO00OutAOu W lue1-
tify the stock by any other means than
by the brand, yet the failure to conform
to the strict requirements of the law gov
srning the admisability Of the brand as
evidence left no alternative but 10 sus-
tain the objection. Mr.. King, ii appears,
had complied with the statutes SO far as
concerned the recording of his mark with
the secretary of state, and with the clerk
OF Pueblo county, but the necessity Of
also recording it with the clerk in this
(Otero) county, where his cattle also
range, is so plainly mandatory that the
law will permit OF no other interpreta-
tion. The brand, it may be remarked,
was recorded at 9:20 a. m. on the day OF
trial, which, Of course, was too late, as
the statute requires it to be done before
the commission of an offence. Judge
Voorhees, instructed the court stenogra-
pher to write out verdict of not guilty,
which, signed by the foreman and ac-
quiesced in by the balance of the jurors,
set the boy prisoners at liberty. The
youngsters say that they were inveigled
into assisting a Colorado Cattle Associa-
ing that it was his own property. At any
rate they have had . narrow escape,
which they fully appreciate, and it will
doubtless prove never-to-be-forgotten
lesson.
NHR blizzard day has sped away,
l. Its frizness is forgot;
And right away we all will say,
"Great goodness, amt it hotI"
-Philadelphia Enquirer.
y n IL