The Glenwood post., 1908-04-25
Other Charges Against him
Dismissed by District A.
tonney.- This Action
y Was Expected
JUDGE EXCUSES JURY
rren wslnssaay's Daily Pest

fren Wslnssday's Daily Pest
A tag, No. 16,S0O, issued by
State Game Warden F. A. Cor
don, seems destined to play an
important part in the trial of
Frank Hayes, the taxidermist,
who is on trial today in the dis
trict court charged with illegal
possession of a mountain sheep.
The tag which was found by the
warden tied to one horn of the
specimen that official testified on
the stand this morning, was for
one sheep head only; that it was
given in the fall of 1903 when the
defendant had a place of business
at New Castle. when he made a
memorandum of Hayes stock.
The defendant claims that this
was for whole sheep. and that
the animal was rightly in his pos
session.
The sheep. partially mounted,
was brought into the court room
this morning and placed where
the jurors could get good view
of it.
All indications point to a stub
4ru legal fight, and there is
brilliant array of talent at the
counsel table. Representing the
state is District Attorney Gentry.
who is assisted by Attorney 8. J.
Sackett of Denver, while Senator
F.. T. Taylor is looking after the
interests of the defendant.
Considerable trouble was expe-
rienccd in securing a jury. A war
Of words between Attorneys Gen
try and Taylor occurred over the
selection of Jesse Borst. a tales
man. He did not want to serve
on the jury, and after the lawyers
had wrangled for some time he
broke in and said very positively
"Allow me to express my opin-
ion. l don't want to serve ON this
jury" He would not give his
reasons, was challenged by the de-
tense and excused by Judge Shu-
mate.
Mr.. Gentry made the opening
statement to the jury, in which he
said that the state would show by
evidence, that the defendant was
keeping a mountain sheep in his
possession illegally, without
permit and that they would ask
for a verdict of guilty
Mr.. Taylor's statement for the
defense was brief. He said that
clis client had gotten the sheep in
1899. that it had been properly
tagged by the game warden; that
Gordon himself had put one on
the body and one on the hide and
the rest of the specimen. He re-
cited the facts surrounding the
seizure by the official of the ami
NAL. He said that Mr.. Hayes had
taken the sheep out to the poor
farm, of which he was the over
seer, in order that he might finish
mounting it in his spare time; !;
that there had never been any Sc
cret abont it and no covering up;
it was his property and he was en-
titled to it.
F. A. Gordon was called to the
stand, and examined by Attorney
Sackett. He stated that he went
on the afternoon of November 90
to the poor farm, armed with a
search warrant issued by Justice
Heddcn. lie found Hayes had
gone to town, and showed the
warrant to Mrs. Hayes, who told
him to go ahead with the search
He declined unless Mr.. Hayes
was present, and sent one Of his
assistants who had accompanied
him on the trip. to find the de-
fendant. The assistant met Hayes
on the road coming home. When
he arrived at the house. witness
declared, Hayes disputed his au-
thority to make the search, say
ing that he himself was a deputy
Oherih, but finally permitted the
search to be instituted.