, 1896-12-05
MAYOR BURKE'S CASE.
A MOTION TO DISMISS WAS OVER,
RULED BY THE JUSTICE
COURT.
Democrats Will Contest the Election in
Carbon County. and Mr.. Corthell
Will Be Their Attorney-High
Price for Platte Valley Steers-A
Midnight Prize Fight.

According to the Rawlins Republican
the preliminary hearing Of E. T. Burke.
mayor OF Rawlins, charged with pass.
ing worthless checks, was held today.
In speaking of the first proceedings the
Rawiins Republican says:
Burke's preliminar hearing was call
ed before Judge Ash at the court house
al 3 o'clock yesterday afternoon.
Cha.terton. county and prosecuting 1t,
torney. represented the state and d. H,
Craig and George c. Smith appeared
for che defendant.
The defense sprung a surprise upon
the prosecution by moving, on behalf
of the prosecuting witness. to dismiss
the case.
~1~erslessa-2haAa~ewenry spectators
gathered in the sheriff's office, where
court vas held, when the defendant
was brought in and the prosecuting at
torney announced that he was ready
to proceed.
Mr. Craig on the part OF the prosecu-
ton then o. and stated to the court
that the prosecuting witness had re-
ceived his money, and. therefore, had
no complaint to make against the de-
PENDANT, and desired to have the case
against him dismissed.
Prosecuting Attorney Chatterton op,
posed the motion He said:
III your honor please, it is with a
great deal OF pain that l appear as
prosecutor in this case. 1 have be.
friended the defendant in many ways,
but he has voluntarily placed himself
in the position he nov occupies.
Il have fully explained to the prose-
cutting witness the result OF swearing
out this complaint. l explained to him
that he could not use the criminal law
for the purpose of collecting a private
debt, and that If he insisted upon in.
stituting a criminal prosecution that
he would have to carry it through to
the end; and hat ii as a result Of the
prosecution he did obtain his money,
and for that a refused to further
prosecute the case. he himself would be
guilty. of compromising a felony.
Il am very much surprised to find an
old practitioner e~ndeavoring to appear
on both sides of a case in a court OF
justice. The motion which the attorney
has made Is a motion which would
properly come from the prosecuting
attorney, and one that / would have
been glad to have made were 1t not
that my oath of office and the sentiment
of the community demanded a prose-
cutioin OF the a
Judge Ash o%verruled the motion to
dismiss. Mr.. Craig then filed a motion
for a change of to another justice
Of the peace. The motion was support
ed by an affidavit made by the defend
ant in which he stated that he had
been informed that the prosecuting at
torney had made a statement in the
presence Of County Clerk Murphy to
the effect that Judge Ash had said that
he would put Burke under bonds to
await trial at the mex term of court.
The prosecuting attorney denied max.
ing the statement, but the defense Of
fered to put Nh. Murphy on the stand.
The court granted the motion for a
change of venue, and said he would
call in Justice Sundin to try the case.
The prosecuting attorney objected to
Judge Sundin, and the attorneys fin
ally agreed upon w. H. Greene Of Sara
toga. He has been telegraphed for and
is expected to arrive this evening, so
the trial can be held tomorrow.