Gilpin observer., 1904-06-30
Arguments Concluded Today and the Case Now in the
Hands Of the Jury
ATTORNEYS PROSECUTION DEFENSE SPRING
SURPRISES
WITNESS DEFENSE


with the dynamiting of the transformer
house at the Sun and Moon mine last
July % has been occupying the atten-
tion Of the district court for the past
week. The case has been become not
ed one for the reason that Colorado's
present crisis in the labor troubles is
partly traceahle to this affair, as the day
following the same members Of the Citi-
zens' Alliance Of Idaho Springs took the
law into their owp hands and deported
miners from their homes, with no excuse
except that these men belonged to the
Miners Union. At that time the COVER
nor OF this state took no recognizance OF
the affair, and would not protect the
miners or common people OF the state in
their rights OF citizenship. but preferred
to allow certain elements to take the law
into their own hands, which has since
been allowed Ia many cases at Telluride
and Cripple Creek.
The work Of securing jury occupied
the greater Snrt of last Wednesday and
Thursday, special venire OF Is men
having been ordered On Wednesday.
The greater number of the jurors were
discarged for cause. as they were against
circuustantial evidence, and had fixed
opinions. Each side also had ten per-
emptory challenges, which were ex-
hausted by both counsel, before they
found . jury that was satisfactory. The
jury secured is as follows: William Mar
tin, William Blight, Jacob Leidinger,
John Rickard, John Belmont. John Fos,
ter, Robert DRvey, 1. N. Hardy, Of Cen
trail City; E. u. Harrison, OF Apex; John
Hughes and David Wood OF Russell
Gulch, and Samuel Hambly OF Nevada
Vile.
Thursday morning after court opened
Mr.. E. F. Richardson for the defend
ants, John E. Chandler, Foster Milburn.
Ross Sanborn, Frank NApoli and Joseph
Carbonetti, made motion that the de-
PENDANTS be given separate trials, for the
reason that there would be testimony in
troduced relative to the different men
which would make prejudice. as re-
speeding the OtnerS.
Arguments were then presented pro
and con all day long, the court at first
overruling the motion, but later chang
ing the same. and sustaining the motion.
The FIRST case placed on the docket
vas that OF The People vs. John E.
Chandler, who had been financial secre-
tary OF the Idaho Springs local union,
and be uss charged with aiding. abet-
ting. etc., in the crime committed. The
defendants are being represented by Mr..
E. F. Richardson and Mr.. p. F. Carney
OF Denver. The prosecution by Ralph
Talbot as special prosecutor, Mr.. e. NJ.
Sabin as special council for the Idaho
Springs Citizens Alliance, and District
Attorney Thurman.
The introduction Of testimony then
began on Friday morning. and we will
not attempt to give it in detail as it
would occupy too much space, but will
give the salient points OF each witness,
but for such an importan: case we hon.
cstly believe that it looks more like per-
secution than prosecution. as there has
been no material evidence introduced,
with the exception Of Bates and Baird,
and they contradicted themselves 30
many times, and contradicted other good
witnesses to such m extent that their
veracity is q mighty strong point to be
considered. 1t is shame that such
case, with all its costs. is foisted upon
the taxpayers Of Gilpin county to STAND,
and the idea Of calling 10 good many
OF the witnesses from Idaho Springs and
making more expense. when their state
ments were not worth the time taken up
in listening to them.
The first witness was j. August To-
gals, q surveyor, who made map OF the
surroundings Of the San aud Moon
mine, showing the location OF the build.
ings, and the points at which the body
Of Philip Fire was found, aud where the
revolver, ETC., were found.
II. G. Bonney testified a. to the value
OF the transformer house being about
$3.50. and OF the Transformers at $500
each, and there were three.
Major e. A. Powell was watchman At
the mine the night Of the explosion. He
had on tho night 10 question noticed
light on the hill above the shift house.
He called out, and some ono fred shot.
He pulled bis revolver and shot twice.
Immediately he Saw something rolling
down the hill and there sWore two AZ
plosions. He wsstprown to the ground:
Upon arising he went into The shaft.