The daily sentinel., 1905-10-06
THE DISTRICT COURT
MAKING RAPID PROGRESS.

The trial of Wesley. Tethford.
CURE and LEVEL, the four young men
charged with burglarizing Frank
Mason's Windsor Cafe, occupied the
whole of yesterday afternoon. The
evidence against the defendants was
not conclusive. Attorneys Wheeler
and Weiser represented the defense
and ~ the conclusion OF the testf-
mony Attorney Wheeler asked the
court to instruct the jury to bring
in verdict of not guilty for the
reasons that the cigars supposed to
have been stolen by the boys had not
been properly Identified, that the
value of the stolen goods had not been
correctly placed and that only one
box of cigars, which Mr.. Mason claim
ed was taken from his place of busi-
ness had been found in'the possession
of either of the young men
Attorney Wheeler's motion called
forth spirited argument. paricipat-
ed in by the attorneys on both sides
of the case and lasting nearly au hour
and half. The judge then deliver
ed his decision stating that he did
not believe that the evidence was at
all sufficient to make case against
the young men and instructed the
jury to bring in a verdict of not
guilty. The jury Immediately render
ed its verdict and the defendants were
discharged. They have been confined
in the county jail for the past six
months.
This morning William Carter who
was found not guilty on the charge
OF stealing watch from f. w. Gregg
was placed on trial on the charge
of stealing watch from Mark Joyce,
both watches being stolen on the
same night from the gentlemen $
apartments in the Tuskey rooming
house, Attorney Frye defended Car
ter
Before the jury was selected in the
Carter case Attorney Frye for the de
fense made a motion to dismiss the
charge against Carter on the ground
that an error has been made in
forming the Indictment. The mat
ter was argued at length by the at
torneys and the trial of the case was
postponed while the judge took the
matter under consideration.
The case of ode Barber, charged
with horse stealing, was then taken
up Attorney Welsh defended Bar
Der. A jury was selected and the
trial entered upon without delay. it
seems that young Barber went to the
Blue Barn, Erwin 4 Osborne, prop
prietors. and according to the prose
cution engaged a horse for a short
trip in the country stating that he
would only be gone two hours. Bar
Der failed 10 return that day or the
next and Erwin & Osborne, believ-
ing that he had no intention of re-
turning the horse notified the sherin's
Office and a search was made for
Barber. He was found on Pinon Mesa
riding the horse and was arrested
aud returned to this ci Y. Barber
claimed that he was forced TO extend
his journey after hiring the horse
and had no intention of stealing it,
Barber is the adopted son of w.
H. Barber, a prominent ranchman,
and is twenty years of age. He is
well known in the city
After the evidence had been intro
duced in the case motion was made
by Atotneys Welsh and Frye for the
defense that the case be dismissed and
the defendant released, stating that
an error had been made in the ndict-
ment and that no case had been made
against the young defendant The in
dictment is seems, stated that Bar
ber had committed larceny by taking
the horse from the stable while ac-
cording to the evidence on each side
he had secured the horse in a legal
way by hiring it and if the otfense of
larceny had been committed it was
not committed at the time the horse
was taken from-Ihe stable but after
wards. After hearing the arguments
fhe Judge rendered n decision sus-
tanning the motion of the defense and
ordering Barber released.