, 1907-10-15
NEW TURN
IN MATTER
ALTERNATIVE WRIT OF MAN
DAMUS ISSUED FROM SUPREME
COURT IN kEEFE CASE.
Judge Craig Given Until Eighth Of No.
vember Within Which to Answer
Petition Of Groesbeck and StoIl,
Alto rneys for keefe, and Show
Cause Against Permanent Writ.

An echo of the celebrated Keefe
case was heard yesterday, when ex-
Chief Justice Groesbeck and Colonel
Walter R. Stoll appeared before the
supreme court and presented a petit
ton for a writ Of prohibition to re-
strain Judge Craig from proceeding
further with the trial Of Keefe, says
the Cheyenne Leader.
The questions raised are of some
interest to the taxpayers Of Carbon
county and are to Keefe personally
and to the attorneys Of the state In
view Of the legal questions presented.
Change of Venue Granted.
1t will be recalled that in May, 1903,
two informations were filed in the
Rawlins court against Keefe, charging
him. in one, with the killing of Police
mar Baxter and in the other with the
killing Of Thomas ]. King. A motion
for a change of n was made by
Keefe on account of the intense local
prejudice existing against him in Car
bon county, and upon the hearing had
the change was allowed. This applica-
ton was made in both cases and both
cases were transferred from Carbon
county to Albany county.
Men Killed at Same Time.
Keefe was tried in October and No
vember, 1908. before Judge Carpenter,
in Albany county. It appeared that
Baxter and King were killed at the
same time, and it seems that King was
Immediately behind Baxter at the time
the shots were fired. 1t was claimed,
on behalf Of Keefe, that when he shot,
he shot in self-defense, his door being
broken open and ar assault being made
upon him at the time. 1t was claimed
by the prosecution, however, that Po-
liceman Baxter was enticed to Keefe's
store by means of certain shots which
had previously been fired, supposedly
by Keefe. These claims were bitterly
contested by the respective sides, and
the jury was out a long time, finally,
however, returning a verdict of man.
slaughter, with a recommendation to
the mercy of the court. The court
sentenced Keefe to four years in the
penitentiary.
Twice Charged With Same oHense.
After the change Of venue had been
taken to Albany county and on Sep
TENDER Z, 1903, the prosecuting attor
ney filed an information in the Carbon
county court, charging Frank ]. Keefe
and William Keefe jointly, with the
murder OF Thomas ]. King. 1t will
thus be seen that Keefe was again
charged with the murder of the same
person in Carbon county William
Keefe has never been arrested, and T.
is alleged in the petition filed yester
day. that no effort whatever has been
made to arrest him at any time what
ever. 1t is generally understood that
the authorities of Carbon county do no,
want him.
Entered Plea in Bar.
After serving his term in the peni
Tertiary for the murder of Baxter
Frank ]. Keefe was arrested last May
upon a warrant issued out of the Car
bon county court, sworn out under the
Information filed in September, 1909
When arraigned upon this Information
|Keefe entered a plea in bar and a pie;
to the jurisdiction of the court, claim
ing that as the case had been trans
ferred to Albany county it was withou
Jurisdiction to proceed. These plea
were decided against Keefe, and there
upon, on being again arraigned. Keef,
stood mute and refused to plead. Hi
trial was recently set down for Octo
Der 18th.
Allowed Writ Of Prohibition.
The supreme court allowed the alter
native writ Of prohibition and CAV
Judge Craig until November 8, at 1
q. M. within which to answer the pet
ton and show u why the writ =
] prohibition should not be made perms