Semi-weekly herald., 1908-04-30

MUM VI NbuliH NlitntntS.
Dr. Pierce may bc consulted by letter
trcc Of charge. Address DR.. II, " Pierce.
lnvalids' Hotel and Surgical Institute,
Buffalo, N. Y.
of Mason. The defense objected, stat
ing that as Mason and vanderweide
were being tried on a joint informa-
tion. no testimony could be introduced
concerning statements made by Ma
son when Vanderweide was not pres.
ent. District Attorney Pulliam in
sisted that 1t was necessary to show
this and that II the defense objected
to having the men tried Jointly should
have stated so. Mr., Reese on behalf
of the defense, said the prosecution
have elected to try the men jointly and
knew The evidence, hence could not
ask to have matters testified to tnat
were not permissible under point In
ormation. The court sustained the
objection. whereupon Mr. Pulliam an
nounced the prosecution rested.
A recess of 20 minutes was then TAX
en-. when the defense. In accordance
with notice served at the opening OF
court. called DR.. ,.efurgey for further
questioning before the state closed.
In response TO the question DR.. Le-
furgey stated that no coroner's inquest
had been held The defense then
sought 10 show that Dr. Lefurgey, the
coroner. had been called upon by the
defense TO hold an inquest but refused
The question was objected to by Mr..
| Pulliam and sustained.
Defense Opens.
| The defense opened by calling to
the stand j. E. Tiffany, surveyor. who
OF the SHAFT, rump and surroundings.
stating he had been acquainted with
the coal mine for nearly 10 years. The
evidence OF Mr.. Tiffany and the map
were merely for the purpose of show
ing location. angles of the guIch. etc.
consisting largely Of figures and direc-
tions, which Mr.. Tiffany explained
with a stick to the jury.
Mr.. Pulliam examined the witness
as to distances. angles. etc.
County Clerk C. II. Conroy next took
the stand. confronted with large ar
| ray of records. Mr.. Conroy's evidence
was for the purpose OF establishing
the ownership OF the land upon which
the shaft was located and the sur
rounding lands. The prosecution OBJ
lected, claiming patents were the best
evidence. Objection overruled. where
upon numerous books were examined
and description OF land given owned
by the Porter Fuel company. Witness
had not concluded when cour. add
! iourned at noon.
| Afternoon Session.
When court convened at O'Clock
about every seat was occupied, prob
ably SO being ladies'. by far the larg
est attendance by women since the
trial commenced. interest In the evi
dence of defendants probably being
the cause.
Mr. Conroy was again called TO the
witness stand. concluding In abou,
! 10 minutes, when Mr.. PulIiam tool
the witness. Mr.. Pulliam wanted IL
know II witness could tell the charac
ter OF lands to which reference hat
} been made by the defense. Could no,
, from memory Was given list ant
J excused for the purpose OF examining
the records and reporting the charac
> ter OF lands.
Joseph Vanderweide Called.
> The court room was fiIled. witt
r many standing. when Joseph Wander
/ weide, the man who did the shooting
, was called and took the stand. Wit
{ ness said he was 2l years old; born a
I Atchison, Kans.; father farmer ant
] still resides on the farm; he worke,
t on farm until 1899; has six brother
and awo sisters; went to Aztec. n
NJ. in 1899; remained there from Ma
to July. then went to Pine Ridge. nea
Hesperus, where he worked In sawmil
Y and then came TO Durango and worke
= in the smelier on the roasters four O
: five years, going to Otumna. Ia, Will
/ thus employed. where he was married
+ now has wife and 5-yearold bo!
d Then worked at Neglected mine 10
:. a short time, then at the Boston cos
mine, then went to Hesperus wher
s been employed continuously pas. thre
v years as coal miner. working host {
4 the time as company man opening u
8 new ground. Knew Mason about
B. year before went to work At th
II mine; Mason employed ~ mine for
q man; their rclationa had b<en frisn