The daily sentinel., 1907-08-06

to a telegram and endeavoring to pro-
tect the complaining witness, Ray T.
Vannetisch, Attorney Samuel n.
Wheeler defending Mcknight, in
| Justice Sweney's court this afternoon
declared that it was unjust in the
deputy district attorney to object to
nearly every question Mr.. Wheeler
asked the witness, Vannetisch, and
/ that the defense wanted all the facts
brought out in the case, not part OF
them.
After the evidence had been intro
duced at the preliminary hearing of
! Mcknight 1t was apparent that there
was not much of a case against the
defendant.
]. H. Shepherd, telegraph operator
at DeBeque was at last on hand to
give his testimony. 1t is rumored
I that Shepherd has said that he was
told by the prosecution not to come
to the trial until served with bench
warrant, probably explaining his de-
| lay Mr.. Shepherd told of receiving
a message from Mcknight to be sent
to l. e. Lukens. at Glenwood and to
Which Vannetisch's name was sign
ed. He produced the original mes
sage. Mcknight has never made any
denial of sending the message. Attor-
ney Wheeler warned Shepherd not to
1 lay himself liable by exposing the
contents of the message but Attor-
ney Fry informed Shepherd that he
was in no danger.
Vannetisch took the stand. stated
that Mcknight approached him and
said that he wanted to go to Glen
wood ard must go in order to hold his
job, he was out of funds and would
appreciate transportation. Vannet-
isch says he told him Lukens had his
mileage book in Glenwood, that he
asked Editor Sherman if they could
not help Mcknight out in some way,
l that sherman wrote an order for
a half rate ticket on the Midland. that
he gave Mcknight 50 90 and that was
the last he saw of him.
Deputy Dist Atty asked Vannet-
iseh to place a value on the book and
he finally said, about $4,000
Vannetisch was put through pret-
I ty stiff cross examination by Attor-
ney Wheeler. He reluctantly adj
mitted that the mileage book was
made out in his name and was sup
posed to be good only when used by
him that Lukens took the book to
| Glenwood and also another book be-
longing to the office, probably Mr..
Sherman's To many questions as
to how Lukens got the book. what he
was doing with 1t, etc, the witness on
| ly answered q don't know" to all
questions regarding the mileage book
Attorney Fry objected, he was not
willing that II should be brought out
4 that Lullens was using the book only
when Vannetisch was supposed to use
it.
4 Attorney Wheeler declared that II
the mileage book was null and yoid
II used by any other person than the
one to whom it is made out to, then
Mcknight had defrauded Vannetisch
out of nothing as it was not Vannet-
isch's property any longer. Vannet-
isch admitted that there was condi-
tion making the book valuless II
transferred
Following Mr. Vannetisch, Il. A.
Sherman and !. Z. Lukens testified
for the prosecution. Nothing start
ling was brought out in the testimony
of either and few facts were develop
ed.
Meningitis testimony was given in
a very frank manner. He does not
DENY getting the book or sending the
message but declares that he was do
ing nothing that was in the least
criminal or dishonorable. He declar-
ed Vannetsch gave him the right to
use the book, and at no time did re
represent himself as being Nannet-
l isch
, In part Meningitis testimony was
l as follows;
'I asked Vannetish for his mile
2 age book and he said: Sure you can
) have It. but don't fail to send it back.
You bet | Will was my reply. This
conversation took place in the jot
4 room of the News, There was no one
- near.
"When we went into the Office Van
: netish looked in his desk for the boob
? and then said: oh. hell. LulSens has
5 got it and He's at Glenwood.' Well,
| said, that's all right, I'll get 1t on
: him. Then we went into sherman
e office and I said to sherman; You
haven't any transportation layine
q around have you?' He said Not much
/ but here's book that has ten miles
e in it, you might get to Palisade.' Ther
he said: wait n minute and he call
r ed the Midland office and gave me al
: order for a ticket from Grand June
ton to Glenwood.
81 had previously told Vannetist
/ was going to Denver. Sherman ther
said You had better go back to Glen
wood Nc, because the paper looks lik,
hell since you left it If that bool
had sufficient mileage in 1t he n'
doubt would have given II TO me.
81 had about twenty minutes tC
catch the train and hurried to the de
pot. There l wired Lukens to NEE
me on Midland No. and give m'
VANS book and in doing so I only die
what he gave me the right to do-us'
the book-and had to get 1t befor'
could use it.
. "wheu we got to Glenwood I saw
Lukens about block away and I RAJ
to meet him. | asked him for Vani
book He said: Here take Sherman
and use It up at the same time dis
Il playing both books. For Heaven
sake said have you both?' II,
wanted me to take Sherman's bu
I told him. 4 was afraid to ride OF
Shermans but that Van had said
could use his He gave me the book
I also told him I wanted to see @
party In Basalt and asked him II he
was going home on No. 8 He said
yes
"Then went on and the conductor
4 took out the mileage from Glenwood
to Leadville. that was his division
/ The next conductor said he would