The herald., 1897-07-16
ALLEGED ACCOMPLISH OF KID
THE SHERIFF RELIEVED FROM
SERVING COURT PROCESSES
TALLER Kennedy Charged With Having
Put Up Sob" to Assure "Kid"
Thompson's Conviction

morning. which, while interesting in it
seH was rendered doublv interesting nv
- .. oaa,, o,,o.,or ohar,+ar
=.
20 ene tasleu up case VI Noioiiei D. l up
per. who Is charged with aiding KID
Thompson to escape.
Yesterday was the time set for Tup-
nar,s trial and after A+torrevs T.
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A+tornav NfcCon,as for he took eYcan-
ton to what counsel on the other side
had said. He demanded that they put
their charges in proper form by affida-
Wit SO that he could deal with them.
Mr.. Oliver was acuuiescent and asked
that the case be continued until o'clock
SO as to enable him to prepare an afi-
davit. Judge Smith then made the order
of continuance until afternoon.
But the attorney was not satisfied. He
moved the court that in the case pending
against Colonel l.. Topper all processes
of the court be served by the coroner
and not by the sheriff of the county.
1t was not expected tina Judge Smith
would grant this motion which, save in
one instance, is unprecedented in the
county But he did, and from now on the
sheriffs department will be relieved
from any service in the Topper case.
During the shrievalty of Martin Aguirre
he was shot at, and inasmuch as it might
reasonably be supposed that the depu-
ties would have some feeling in a mat
ter that SO closely concerned their chief,
a similar order to that made yesterday
was made by the court, and Coroner
Jim" Meredith served all processes of
court in that case.
A HOT STUFF AFFIDAVIT
When court reconvened at Q o'clock a
pood assemhlaee was nresent the news
of what had hannened and what If was
Anticipated wouId hammer ha wing spread
abroad
Without preliminary exclamation or
comment Attorney oliver read to the
court the following AFFIDAVIT in which
is embodied the allegations and charges
made by him and his associate in the
morning:
byron L. Oliver being duly sworn
opposes and. says:
THAT he is one OF the attorneys OF
record in the above entitled cause, that
he has heard the statements OF witnesses
In the said cause, and that he believes
the defendant has good, substantial
and meritorious defense; that Fay Har-
ris and John Doe jenkins are material
witnesses Tor the defendants defense
In the said cause; that subpoena was
duly issued from TINS court Tor the SAID
witnesses, Fay Harris ana JOhn doe