The Lamar register., 1905-03-29
MISTAKEN IDENTITY
c. p. WINNIE is NOT LLewELLYn.
Remarkable Case of Disputed Identity
Ends In Denver Court-verdict of
Not GUILTY.

Remarkable Case of Disputed Identity
Ends In Denver Court-Verdict of
Not Guilty.
Denver, March 25.-The trial of
Charles P. Wynne for the murder of
Policeman Clifford came to an end un-
expectedly yesterday afternoon at 4.30
O'Clock. Assistant District Attorney
Greeley Whitford at that hour entered
a nolle prosequi in the case, insisting
that Wynne be held on the charge of
numbering Policeman Griffith until
Monday morning. No effort will be
made to convict him of this murder
and he is held simply to await requisi-
ton by the authorities of the peni-
tentiary at Jeffersonville. Indiana.
where Wynne violated a parole and
where he has yet thirteen years to
serve on a charge of horse stealing.
In statement to the court Attorney
Whitford asserted that Chief of Police
Delaney and the prosecution in the
case had been made the victims of
their own witnesses and that these
witnesses who were so positive in their
identification before they were placed
on the stand had, under oath, claimed
that they believed. but were not sure,
that Wynne was Llewellyn. the muir
derer. Attorney Whitford stated that
he did not want to go before a Jury
and ask the conviction of a man on a
murder charge on evidence such as
had been offered in the case. He
would not consent to an acquittal,
however, and insisted on a nolle being
entered and the jury dismissed.
That Wynne is not Llewellyn has
been established by the trial of the
case. However, the fact that he bears
so striking a resemblance to the muir
derer that positive. but mistaken iden.
tifcation have been made, has also
been established. That Wynne is en-
titled to little OF the sympathy that
has been his during the trial is be-
lieved by criminologists. He is de-
serter, gun fighter and a horsethief.
He admits all of this and admits also
that he has Travelled under so many
aliases that he has forgotten half of
them. He has sentence of nearly
thirteen years hanging over him for
his crimes and it is not intended by
Chief of Police Delaney or the district
attorneys office that he shall escape
the punishment already meted out to
him. This accounts for the action of
the prosecuting attorney in insisting
that he be held.
Inc defense opened at IL O'Clock,
several witnesses testifying that the
priconer was not Llewellyn.
Following recess. other witnesses
were called rapidly. all agreeing that
the prisoner was not Llewellyn.
Dewitt c. Weber testified to obtain
ing from the War Department at Wash
ington personal descriptions of both
Wynne and Llewellyn. That Of the
prisoner did not tally in any way with
the description of Llewellyn. he said.
Then 1t was that Prosecutor Whit
ford, seeing that he was playing for
lost cause, made his motion to nolle
the case.
Attorney Benson insisted that the
case go to the jury, with instructions
that they return verdict of not
guilty.
Judge Johnson considered the mat
ter for a few minutes. and decided
that the entry of dismissal was equal
to an acquittal. He then took the
case out of the hands of the jury and
ordered the clerk to enter n mismiSsal