Semi-weekly herald., 1908-04-27

4
sstructions wers Gwen
Witness stated that Walker ",
sent to investigate all the holdings
the Porter Fuel company. there befr
, no specific instructions about the a
shaft
Odd you instruct Mr.. Walker ,
enter the property without the know
ledge or consent OF the Porter Flu,
company?
Al can't say that did. spectf
caliy
n Odd you know OF anybody els
instructing him to do SO?
A.-No.
Mr.. Reese Inquired II Mr.. Wheeler
office In Denver was not known as tn
sweat box" but Mr.. Wheeler said b.
was not aware Of his oftice being re
ferred to In such terms.
An intermission Of ten minutes wa,
then taken and the Jurors went ou
and stretched themselves.
| Frank Hall was the next witness,
called. On direct examination by Mr.
Pulliam. he stated:
That he is stationed at Denver AZ
a special assistant to the United States
district attorney. He had met VIM
Mason In Denver. Knew vanderweide
by sight only. having seen him In Du
range. Had been In Durango las,
October in company with Walker to
Investigate the Morrison land scr.p
case and also the case against the
| Porter Fuel Co. and the kindred cases
| Went to the shaft last October with
Walker. Chapson and CalIughan and
attempted to measure the dip of the
Hesperus coal vein; tried to locate In
particular the John W. Olllnger, Thos.
Coppinger, W. N. Bagby. Emma Ma
son. VIM. Mason, Nettie B. Coppinger,
and A. c. Bagby claims. The party
tried to determine whether the air
shaft was connected with the Hesper-
US mine or was a separate and iso-
lated shaft driven to coal vein and
abandoned.
Prosecution asked II. at the time the
witness met Mason In Denver, any ref
erence was made TO the Investigation
into Mrs. Mason's claim by the gov
ernment being made. This was OBJ
jected to by Attorney Reese. Mr.. Pull
liam explained to the court that It
was desired TO show motive for the
killing.
Objected to on behalf of Mr., Van
derweide and objected sustained.
Witness had been to the shaft after
the killing, going out on the special
train. He examined the blood spots.
Judged they were 16 or 18 feet from
the shaft. Saw two OF them. Was
thrown in company with Walker a
great deal; knew he carried gun
sometimes, and sometiwss he ed yaid dAinFtpqtn MT
& Wesson; carried It in a holster on
the left side: carried all chambers
loaded except one, and that one was
the chamber under the firing pin. He
ascertained his way of carrying the
weapon In Durango. It was his habit
to take 1t out and throw 1t down or lay
IL down when he came into his room,
the two men having had rooms at the
Strater. He saw the revolver in the
possession OF Sheriff Clark after the
killing. 1t was In the same condition
that Walker always carried 1t, having
four loaded chambers and one empty
shell, It being under the firing pin. He
knew Walker had some notes in short
hand.
witness said the object Of going out
to the shaft after the killing was to
look the ground over. He did not re-
member seeing Jack Cunningham
stand OH blood spot while Mr.. Reese
took kodak picture Of him Said
blood clot was six or seven inches in
diameter. The shaft was not situated
on any of the claims being investigat-
ed. He obtained this last information
from Chapson and Harper.
Odd you ever ask permission to
enter. the Porter Fuel company's
mine?
A.-No.
ODD any one ever refuse you or
any OF the government agents that
you know Of. permission to enter the
| mine?
A.-No.
On redirect examination witness
said that Walker was slight man
physically and in very poor health
Objection was made by Mr.. Reese
TO the question from Mr.. Pulliam n
to whether Walker was a quarreisome
man or not Objection sustained.
On re-Uoss examination Mr.. Hal
stated that J. C. Sanford had told hin
that John A. Porter had gotten him tt
procure land. some OF which was oh
tanned under the soldiers scrip act
/, and the other under his forest lie,
rights. This was objected to. the oh
lection overruled and an exception
taken.
Mr.. Hall was then excused. bein
being very anxious to get back +
Denver.
John e.. ChRpson was next called