The Glenwood post., 1905-06-03
In the District Court

The district court has been kept
busy this week almost entirely with
water cases.
o l.. Mccartney was given de
cree for water from Capitol creek.
Fred and Anna Sandy were given a
decree for waters in Jerome park
The petition of e L. House ct al.
for water for domestic urposes was
protested and the hearing ON the case
set for June 10
J. w. Curtis and A b Fo ter were
given decree for water from Cattle
creek by reason of AN enlargement on
the c Il NJ. ditch.
The et-Jessup Canal company
was awarded decree for 80 cubic
feet of water from Crystal river
Judgment was enterel ON the yer
dict in the case of Swanson vs.. Rich
ardson ct al this being the party wall
care tried some lime ago
In the case of the People VS. McDer-
mott and Nesbitt charged with lar
ceny from NJ j. Frazier, both prison
ers plead guilty and were sentenced
10 frcnl one to ten years ut the state
'ctprmai"ry. 1t appears from the ties
timony that N,shitt WAS the aggrcssur
md that he actually took the watch
and mon ~ from frazicr's clothes al
though McDermott admitted receiving
the spois and billing same to Denver.
The court evidently regarded Nesbit tt
as the leader in the crime and stated
IN passing sentence that he regretted
that on account of Nesbitt's age he
conld not sentence him to the peni
tentiary. McDermott' physical con
from asthma, that it is believed the
Judge may recommend liberal com
mutation of sentence for good be-
havior.
The application of Edward Boldt
for an adjudication of water from
springs tributary to Dry Fork of Roam
creek was protested by Hugh Mckay
and the decision of Judge Shumate is
expected today.
Jack Klinger, who is charged with
larceny, the particular offense being
the removal from the county of prop
erty belonging to Hugus & Co., en-
tered plea of guilty and Judge Shu-
mate is now considering the matter of
sentence.
A peculiar feature of this case was
the appearance made by Judge Noonan
in behalf of the defendant. Noonan
said he had advised his client that he
did not believe him guilty under the
statute but that he certainly owed
Hugus the amount of the Indebtedness
called for in the note; that klinger
had admitted this and stated that his
object in returning to this country
was to settle up this account; that he
had three or four times almost secured
bond but that when arrangements
had been almost completed, some in
huence which he did no. care to men
tion had thwarted the plans and that
while he had not consented to klinger
pleading guilty the latter had deter
mined to do so rather than accept the
alternative of remaining in Jail until
the November term. District Attorney
Gentry was on his feet in an instant
saying that if that was the reason for
the plea, the People would not accept
it, He said either Klinger was gull
ty or he was not guilty and he wanted
no conditional decree. Judge Shu-
mate said if Klinger felt as his attor-
ney did about the matter, the plea
would not be accepted and the prison
er would again take his place in the
county Jail to await trial by jury at
the November term.
At this point klinger conceived the
idea that his attorney had crossed his
wires and said that SO far rs he was
concerned he wanted to plead guilty
without any reservations or fears as
to Jail life. After questioning him
very closely along this line. Judge
Shumate accepted the plea but with
held sentence for the time.