Gilpin observer., 1904-02-04
dO0cH FOUND GUILTY
Jury Brings IN a vereict Of Invol.
untary Manslaughter After
Being Out Over Night
BULLOCK, HIS PARTNER RELEASED
FOR WANT OF TESTIMONY


Bullock for the murder OF Edward John
son at Rollinsville on Oct. 6, last, was
concluded last Friday evening and the
jury returned verdict the next morning
The case has attracted considerable at
tention and dnring the progress Of the
trial the court room was filed continu-
ally, especially towards the close. John
son contractor on the Moffatt road was
killed on the night of Oct. @ last in front
OF the Moffatt hotel in Rollinsville, he
having been hit on the head with some
blunt instrument which caused death.
The following day Albert Gooch and
Charles Bullock were arrested and
charged with the murder. An autopsy
was held over the dead body Of johnson.
and the coro2ers jury returned a verdict
that he came to his death at the hands
OF said Gooch and Bullock. On prelimi.
nary examination held befre Justice
Rudolph Of Black Hawk they we're bound
oyer to the district court in the sum Of
1900 each. but no bonds were furnished
and they have been in the county Jail
since.
The case was prosecuted by District
Attorney Horace G. Thurman, assisted
by his assistant Ed G. Miles. The pros.
ecuting witness, Mr.. Westman, had also
secured the services of Mr.. Norlin Of
Denver. The defense was represented
by Judge II. A. Hicks and Attorney w.
G. Matthews. District Attorney Thur
man and his assistant gave their best ef
forts to the prosecution and they did
splendidly, Mr.. Thurman making the
best argument we have ever heard him
make, and Mr.. Miles did good work in
the examination Of the witnesses. They
were handicapped some by their assist
ant Mr.. Norlin, who although we believe
did his best, yet his efforts had poor
effect on the spectators, and We believe
the jury, In the defense both Hicks
and Matthews conducted splendid case
and the verdict is great victory for
them.
The testimony OF witnesses was con-
cluded Friday noon. as the defense at
tempted to place but one witness on
the stand, after which arguments com
menced by District Atttrney Miles pre-
senting short statement, and he was
followed by Mr.. Norlin who made very
poor case. Thew were followed by Mr..
Matthews who presented a most clear
conception of the case being followed by
Mr.. Hicks who ably concluded the line
of argument advanced by Mr.. Matthe VS..
Mr.. Thurman then concluded in an able
speech, after which the case was given
to the jury. Thejury retired about 10:15
o'clock p. IN. and court adjourned sub
ject to::the jury verdict. After waiting
until about 2 o'clock in the morning the
court officials left 1t is said that the
jury upon retiring and a ballot being
taken stood three for acquittal and nine
for involuntary manslaughter. From
this time on until 2:3O o'clock in the
morning the jury attempted to come to-
gether on verdict. At that time the
other three agreed on the verdict as an.
nounced, after being out four hours and
Is minutes. II was not until that morn
iug that the verdict was given to the
court, which was involuntary man
slaughter for Gooch aud acquittsble for
Bullock. The latter verdict In regard to
Bullock was given under instructions
from the court, - upon the conclusion
Of the testimony for the people the dc.
PENDANTS attorneys moved that the
judge order the jury to bring in an &C.
quittal for both defendants as there wss
no evidence TO establish their guilt.
Judge DeFrance granted the motion ss
far a. Bullock was concerned, which was
ooincided in by the prosecution. but de.
MED it relative to Gooch.
During the trial Judge DeFrance gave
the most careful attention TO all ques.
Hoss. and his decisions were impartial
TO all, and many wore the expressions by
the spectators OF high regard for the
character and fair minded decisions OF
the judge. The Instructions TO tho jury
given by tha court were forceful, thor.
sugh and complete, and loft no avenue
Il doubt for the jury to disagree on.
In brief the evidence was a. follows:
c. A. Westman. the complaining wit
ness was first sworn, and stated that
johnson, tho deceased. Was a partner Of
his. On the night Of Oct.6 witness was
in camp about three miles above Rollins.
vile and retired for the evening, vhsn
between / and o'clock in the morning
Nels Swanson aroused him and stated
johnson had been hurt and be should
come to Rollinsville. Witness dressed
and went with all speed to that place ar.
irving there in - minutes. He found
johnson lying in the middle Of the road
4 L. L.. IL. L..