Semi-weekly herald., 1907-11-11
BAIL IS
In the Sum Of $4,000
Each to Mason and
VanderWeide
(From Fridays Daily1

| (From Fridays Daily)
| The main interest in the Mason-Van
Lerweide case today was the arraign
ment. Upon the convening of court Al
10 o'clock District Attorney Pulliam
| asked to have the men arraigned on
the indictment heretofore filed. The
men had already bebn brought into
court by Sheriff CLARK.
| Al the conclusion of the district
attorneys few remafks Judge j. l.
Russell on behalf off the defendants
waived the reading off the information
and entered plea ofjnot guilty, Mr..
| Russell then asked the court that a
definite day be set for the trial
| Nr. Pullam dissented to this. stating
that he was not ready to determine
! when II would be convenient to go to
| trial. that he had been in court every
way this week and had no time to 20
over the testimony and prepare for the
| trial-that he had no time to talk with
| witnesses or investigate the case. He
| said much of the evidence on the part
OF the people would be circumstan-
| tal and 1t would take time to arrange
| for this.
Mr. Russell replied that he was not
! sc particular about the case being set
] for the present term, but. he did want
the case set and this could be done by
having an adjourned time. He said
l while 1t might be true that the dis
trict attorney had been busy with othe-
l matters. at the same time he was be-
| ing aided by an army of assistants on
| the ground and he ought to be ready.
| All cases OF this the defendants are
generally given a preliminary hearing
and an opportunity of presenting their
! side Of the case if desired.
Judge pike said the present term
| would be well taken up with cases al
! ready sci and that as the regular term
of court at Silverton would convene
| the first Monday in December ii would
not be safe to start in on the Mason
| Vanderweide trial until probably some
| time in January and asked the district
| attorney if he would be ready the
tsecond week in January
Mr.. Pulliam still objected to any
| specific date being set and the court
stated the matter would be taken up
later.
Mr.. Russell then said there was
I ha ,,,fab IN oil n
AN application for bail on the part
| of defendants. To this the district
attorney objected without being given
notice. After little more sparring
| the court set /: 80 as the time for
hearing the application for bail.
| At the afternoon session Judge Rus
sell presented the following statement
in his application for bail.
| William r. Mason, of lawful age, be
| ing first duly sworn on his oath DO
| poses and says that he is one of this
defendants in the above entitled ac-
tion.
That on Sunday the third day OF
November. 1907, this affant and his
co-defendant, Joseph vanJerweide
were on horseback travelling over and
| examining the lands owned by the
| Porter Fuel company in and under the
surface of which lies coal mine
now being operated by said company
and having its main entrance at or
near the town of Hesperus, and in the
operation of which coal mine this afi.
ant was and for long time prior
had been the superintendent and in
charge thereof
That on said third day of November
while affant and said Vanderweide
were travelling over said land they
came near an air shaft connected with
the main entry OF said mine and sunk
and used to obtain air for the working
OF said mine and on coming in view
OF said air shaft dlscove. ed the de
ceased. Joseph A. Walker, at the sur
face opening of said air shaft and dis
said air shaft, when this affiant goi
off his horse. when within about ninety
feet OF said shaft and started towards
said shaft for the purpose OF discov
! ering who deceased was and what he
vas doing That at said time affan
; lid not know who the person was a
said shaft and did not think that sucl
| person was any person in the emplo,
, OF the United states from the fact tha
all employees and agents Of the United
States had always been afforded ampl,
, opportunities to examine the mine ant
) all parts thereof and the said air shat
being connected with the main entr!
! OF said mine. access to same coul'
easily be had through said main entry