The indicator., 1897-01-30
OVERS TOLD TO HALT.
SUPREME COURT APPEALED TO
1t Orders Judge Overs of Lsadviiie to
Show Cause Why the strikers Cases
should Not be Taken Out of HIS
HAu

Denver. Jan. o7.-The Republican
this morning says:
An order of the state supreme court
forbidding Frank W. overs. judge of
the Fifth judicial district, from taking
further part in the trials of James H.
Amburn. George Il, Handy and Evan
j. Dewar. leaders of the Leadvllle
strike. who are under Indictment for
the murder OF Fireman Jerry O'heete
was started from here for Leadvllle
last evening by messenger and special
mail delivery. II took the form OF
temporary writ Of prohibition, return
able In the supreme court at 10 O'Clock
a. m. next saturday
! The issuance OF this order was a di-
rect outcome OF the position Judge ow-
ers took yesterday toward the proseru-
tlon In the trial proceedings had IN the
Amburn. Handy and Dewar cases IN
] Leadville
on account Of belief and fear that
| fair trials could not be had at this
time. because Of the disturbed public
/ conditions existing in Leadville, and
[ the alleged fact that witnesses for the
people were being iutimidated. etc.
D. etc the prosecution when court opened
I yesterday morning asked Judge overs
] 10 continue the murder cases. A mo
[ ton to this purpose was filed as soon
/ as the three cases We're called, District
Attorney Louis X, Thomas and Special
Prosecuting Attorneys John w Wal
dron and Thomas \. Dickson repre-
sented the people.
/ Judge overs ovcrruled the motion
for a continuance. In the afternoon
/ the prosecution offered a second mo
don. asking that the cases be tried by
some other Judge than Judge Overs.
] This was also oycrruled. The prose
cutting attorneys next offered motion
to nolle prosSe the charges against
/ Amburn. Handy and Drwar, and IT,
I too. was promptly denied by the pre-
siding Judge
/ The gist of all these proceedings was
/ teleph0ned to Attorney General Carr
I In Denver. and then The prosecuting
/ attorneys at Leadville commenced to
talk against time in order TO give the
attorney general an opportunity for
| action here General Carr had already
| fortified himself against such an EN-
/ ergcuCy It WIS anticipated that the
! various motions of the attorneys for
l the prosecution would receive but
/ short shift from Judge DIVERS, SO these
| gentlemen also were prepared with a
| flank movement through the supreme
court
Taking time by the forelock. they
had procured attidlyitS on which TO
base an appeal "a the highest court In
the state for a writ To issue from thar
tribunal. prohibiting Judge overs
from presiding az rhe trials VI Amburn
Handy and Drwar These atiidavits
together wirh other necessary docu-
ments. We're in the attorney generals
office yesterday.
shortly after . p. m. he received
final message from Leadville. inform
ing him Of what Judge overs had
done. BY he had filed his petition In
the supreme court. and shortly after
4 o'clock a temporary writ of prohlbl-
tion was ordered TO issue.
Two copies of II were made out to
gether with duplicate sets of the pa
pers filed by the attorney general. One
Of these parcels WIS given To a messen.
ger selected by Adjutaut General Mo
seS and he set out for Leadville with
it on the first evening train. The sec
ond bundle of documents was depos-
ited in the general postoffice for trans
initial to Judge Overs at Leadville by
special mall delivery Taken all
around. the prgcuration of the writ OF
prohibition must be considered strict
ly emergency measure. executed with
all possible dispatch and precision.
Here is the body OF the Supreme
courts order
'It is ordered by the court that the
respondent Frank W. Overs. Judge Of
the District court of the Fifth judicial
district of the state of Colorado, Of the
county and state aforesaid. show cause
before this supreme court. at its court
room in the city Of Denver Saturday
next the Both Of January, 1897, at the
hour of 10 o'clock a, m. Of said day,
why a writ Of prohibition should not
issue, rs prayed for in the petition pre-
sented and filed herein.
at Is further ordered by the court
that said District court Of Lake coun-
ty. state Of Colorado. and Frank W
! overs. the judge Of said court. proceed
no further In the cause and proceeding
named in said petition until the fur
ther order Of this court In the pre-
misses"
Attorney General Carr's petition sets
forth the fact THAT the prosecuting at
torneys and number Of the citizens
Of Lake county had requested him to
bring the proceeding on which the
writ was issued
Then come lengthy afidavits recit-
ing the proceedings had In Ieadvllle
during the grand jury Investigation Of
the attack ON The Coronado mine. and
the killing Of Fireman Jerry O'Kecfe
on the morning of September 21. 1890.
The grand Jurors who conducted this
inquiry testify rD The intimidation by
parties unknown of Witnesses who had
been summoned to give evidence he
fore them. and thu fear Of violence be
traycd by these witnesses.
AfidavitS from District Attorney
Louis X. Thomas and Special Prose
cutting Attorney Thomas a Dickson al
so 20 over the ground covered by the
grand jurors. These ahi1avits give
what is practically a transcript of the
preliminary proceedings in the. Am
burn. Handy and D"war cases and de
Scrih" Judge overs demeanOr toward
the prosecution lu anything but a IA
,...ru B1a 1stsIf