Gilpin observer., 1904-03-03
Bound Over to the District Court.

Dave, Kit Harvey, Frank Waters, james
Garlyon and James Bergman occupied
the attention OF Justice Of the Peace
Thomas Hooper the greater part Of Mon
day and Tuesday of this week. The
case attracted a great deal OF attention
and was attended by large number OF
people. The prosecution was looked af.
ter by Deputy District Attorney &c.
Miles, assisted by Fl. A. Hicks and James
M. Seright. The defense was made by
II r. Carney OF Denver. The evidence
adduced by the prosecution was to the
eject that the foreman OF the mine.
VIM. Anger, had been noticing that ore
was missing from the ore bins at their
Pittsburg mine. Watch was made, and
on Tuesday Of last week they saw sew
eral parties coming toward the mine in
light wagon. Mr.. Campbell, the super
intendent, who was one Of the watchers,
asked what was wanted, and the parties
drove away without answering, and the
wagon being followed they found it was
driven to Dawes barn in Mountain City.
Upon considering every phase OF the cir
cqmstance they began to suspicion VIM.
Retallack, Jr., who was at that time
night engineer at the mine, and they also
found that all ore that had disappeared
always did SO when young Retallack was
night shift. He was asked about the
mattor and accused of being in with the
ttfif h.. 4 ~
matter, duplicating the above meu. The
following day warrants were sworn out
FOR the five men, but none for Retallack,
as he had promised to confess all and
be prosecuted. The men were arrested
and lodged in Jail Wednesday evening.
Thursday morning Young Retallactz went
Y the house of Wm. Anger, where he
psas guarded until about noon. when he
was taken to the Office OF II. A. Hicks
and sworn statement taken Of his con-
fession by stenographer. Before going
to Hicks office, and while at Mr.. Auger's
he told that gentleman the whole affair.
Upon his word search was made of
Dawes barn, and lot Of ore claimed to
be from The Pittsburg, was found by
Sheriff Cody and taken to the court
house. Retallack was then released on
his own recognizance to secure bail in
the sum OF $500, as witness. He left
the Office. but failing to return in a few
hpuis, a warrant was also sworn out for
hiRx and be wagpasced in jail, but bailed
ftFriday norninssin the SUI. Of 5 1000.
Monday morning this complaint was dis
missed, but that afternoon Retallack, af-
ter being put on the witness stand, re
fused to testify. as it would incriminate
himself, and upon retiring he was again
arrested. He makes the claim that
when he first confessed he was promised
written statement, to be signed by the
officials Of the company and by tie dis
trict attorney. promising him immunity
from arrest, and that nothing would be
done with him, and that he had not re-
ceived this statement, and therefore
Tould say no more. This the others say
is not fact, and now they will prose-
cute him with the others.
After hearing the evidence Justice
Hooper held Dave in $500 bail to the
district court, and discharged Waters,
Carlyon, Harvey and Bergman.
They were immediately arrested on
new charge of larceny, and Mr.. Carney
waived preliminary examination. They
were then placed under $1,000 bonds
each to appear at the June term OF the
district court. Retallack was also
placed under the same bond. Retallack
and Dave have given bond and have
been released from jail, and it is thought
the Others will be out in few days.