Semi-weekly herald., 1907-11-11

within about twelve or fourteen feet OF
deceased, deceased called upon afhant
tc stop and almost Immediately after
wards repeated the command when de
ceased fired at aftiant with pistol or
| revolver and immediately began pre-
| pairing to shoot at affiant second
time when the said Vanderweide fired
at deceased for the purpose of saving
affiants life and preventing the de
ceased from killing affiant, who was
| then and there unarmed, ana thereby
killed the deceased.
That there were no other person or
persons present AT the time of said
shooting except this afflant, the said
| Vandcrweide and deceased and no
other person or persons witnessed said
| shooting, That after the said shoot
ing this affiant and the said Wander.
weide left the place of said shooting
and went to the town of Hesperus,
where affiant informed the persons
whom he saw there of what had oc.
CURED and sent word to Durango of
what had occurred and Immediately
| with the said Nanderweide began max
| ing arrangements to come to Durango
and place themselves in charge of the
officers of the law and did voluntarily
on said third day of November sur,
| render to the shcriff of this county
under whose charge and in whose Gus
.t,.s 81.
| That the said Edward j Brennan
| who made the affidavit of probable
cause herein ana on which affidavit
| the Information herein Is based was
| not present at the time and place
| when and where said shooting oc.
CURED and that while the said Bren.
nan has sworn In his said affidavit
| that he knows the facts set forth In
| said affidavit of his own personal
| knowledge. affiant says that said state
| ment Is not true but is false and that
| said Brennan has no personal knowl-
| edge of the facts surrounding or nc.
companying the said shooting and was
not an eyewitness thereto and did not
see the same.
That no preliminary examination OF
| this afflant or his co-defendant has
ever been had or held and that afii-
ant and his co.defcnjant have repeat
edly, through their attorneys, request
ed and demanded of the coroner of
| this county that he hold a coroner's
| 4. 4
and investigate the facts and circum-
| stances of the said killing and take
| the testimony of witnesses in regard
| thereto but the said coroner has nj.
ways refused and does still refuse to
| hold such inquest or any inquest and
has refused and does still refuse to
make any investigation whereby the
testimony of witnesses can be obtain
ed in regard to said shooting and the
circumstances surrounding the same
| and presented to this court on this ap.
| plication.
That ever since said third day OF
November this affant and his code
fendant have been confined and have
had no proper opportunity to prepare
their defense to said charge. That al.
fiant and his co-defendant are not
guilty of the crime charged against
them in the information herein and
neither they nor either of them on
said third day of November or any
other day or at any time or place did
| unlawfully. wilfully. feloniously or OF
their deliberate, premeditated malice
aforethought kill and murder the said
Joseph A. Walker. but affiant AYERS
that the said Vanderweide killed the
! said Walker in order to prevent this
affant from being killed at the hands
of the said Walker.
That at the present time there is
large force Of detectives and special
| officers in the employ OF the United
States in this county engaged in gath.
| ering evidence to be used against this
affant and his co-defendant at the trial
| of this cause and said detectives and
| special officers have established Il sys-
TEN of espionage on these defendants,
their attorneys and friends, sending
| spies to watch the offices of their said
| attorneys and by intimidation, threats
offers OF inducements and the procur-
ing aid of susceptible newspapers are
seeking to influence public sentiment
| against this affant and his co.defend-
ant and prevent defendants from dis.
covering and presenting evidence ia.
yorable to themselves and by some
means unknown to this affiant have so
far succeeded in preventing the cor.
oner Of this county from performing
his clear duty under the law in hold
ing an inquest as provided by law
whereby the facts relating to said
shooting could and would be brought
out and preserved for presenting to
the court on this application.
| WIN. X. MASON.
The affidavit Is sworn to before Dis
trict Clerk Meuser.
| An affidavit signed by JoseDh Van.