The daily sentinel., 1908-03-09
REPLY TO
BUCHTEL
The Mesa County Lawyers Resent the Attack Made on the
District Court, Endorse Judge Shacklefords Actions-A
Clear Statements Of the Facts is MadeIhe Statement
in Full

issued by the Mesa County Bar as
| sociation in answer to Governor
Buchtels attack of the Mesa Coun-
| ty District Court. The statement was
prepared by the committee appoil lted
at the meeting Saturday, full ac-
count of which meeting was given
by The Sentinel Saturday. The
statement is being given widespread
publicity:
Grand Junction. Colo.
March q, 1908.
TO THE PUBLIC:-
The governor of this state has seen
fit recently to severely criticise the
officers of the district court of this
county, and particularly the judge,
district attorney and sheriff in con-
nection with the extradition of one
Earl Force wanted in Wyoming on
the charge of murder.
We consider the criticism of the
governor as unwarranted and unjust
under the law and facts in the case.
Earl had stolen horse in this coun-
ty, fled, was captured in Utah,
brought back to this county and was
held here on that charge for trial at
the March, 1908, term of the district
court. After his capture and return
to Mesa county. it develops that
Force was wanted In Wyoming on
the charge Of murder. A requisition
on the governor of this state by the
governor of Wyoming for Force was
honored and warrant of cxtradition
issued by the governor of this state
commanding the sheriff of this coun-
ty to surrender Force to the Wyom-
ing officer unless Force was held
and detained here on a charge of vio-
lating law of this state. A private
letter was also written by the gov
ernor of this state to the sheriff of
this county and placed in the hands
Of the Wyoming officer for delivery
advising him to surrender Force to
the Wyoming. officer notwithstand-
ing the condition in the warrant of
extradition that THE PRISONER
the Wyoming officer IL held here on
charge of violating law of this
state.
Upon the receipt of the letter from
the governor of this state by the
sheriff of this county and the pre-
sentation of the warrant of extradi-
tion, the sheriff requested the judge
of the district court to advise him
concerning the proper course to pur-
sue. This the Judge of the district
court declined to do further than to
direct the sheriff to seek advice
from the district attorney who Is,
under the law of this state, the legal
adviser of all county officers. AT
the same time, his Honor. the dis
trict judge, gave as a reason for not
advising the sheriff of this county
in the premises, that the question
of the delivery of Force hight be
brought into his court and that II
would be highly improper for him to
advise an officer in advance of the
matter being brought before him In
the proper manner. The sheriff then
informed the Wyoming officer tina,
he could consult the dictrict. attor.
ney and inform him later of the
course he would pursue. which ht
did. The sheriff also consulted 9th
er attorneys and WAS hdvised by
them as well as. by the district at
torney that he could not surrender
the prisoner without placing himself
in contempt of court.
On or about February 81, 1908
the district attorney of this count,
received a letter from the prosecut
ing attorney at Rawiins, wyoming
stating that Force was wanted II
Wyoming on a charge of murder anl
requesting the district attorney o
this county to dismiss the charge
against Force in this county and sur
render him to the Wyoming Officer
, for trial in that state, and stains
] In said letter the facts on which the.
relied to convict Force on the. charg,
OF murder in Wyoming. From tn,
statement OF facts contained in satt
letter. the district attorney of thii
county was not satisfied that Fore,
could be convicted in Wyoming OF
the charge of murder. He immed
lately wrote letter to another at
torney at Rawlings. Wyoming. no
connected with the case In any man
a statement of the facts as near al
! possible upon which the Wyomini
authorities relied for conviction. AT
ter full consideration of the matte
and the facts as contained in salt
two letters, as we'll as the informa
tion which the Wyoming officer SEN
for Force could give the district at
torney he was not satisfied and II
: fact felt confident that the Wyoming
authorities could not successful.
prosecute Force and secure con
| viction on a charge of murder.
The surrender of Force to the Wy
oming authorities necessarily involv
ed the dismissal of the charge upol
which Force was held for trial II
this county. A conviction OF Fore,
in this county upon the charge o
horse stealing was a certainty an,
the district attorney did not feel jus
titled in dismissing the charge ant
: allowing the prisoner to be surrend
cred for trial in another state whel
conviction in the other state wa
practically, in his opinion, an impos
sibility on the statement OF fact
given him by the prosecuting ONO
, ers of the state OF Wyoming.
In addition TO this the district At