The Elbert County tribune., 1908-04-30
MASON AND vANpERwEIpE ARE
CHARGED WITH KILLING sE-
cReT SERVICE AGENT.
TRIED AT DURANGO
PROSECUTION AND DEFENSE
OPEN CASE AND FIRST WIT
NEssEs EXAMINED.

/ durango, Colo.-The jury in whose
| hands the fate of Joseph Vanderweidc
and William Mason. charged with the
murder of Secret Service Agent Jo-
seph A. Walker of Denver last Novem-
Der, near the Hesperus mine, will rest,
/ was secured Friday afternoon at 3
O'Clock after fully $50 veniremen had
been examined.
The opening statements of the attor
neys We're made before adjournment
oil court and the hearing of evidence
set TO begin Saturday.
District Attorney Pulliam opened
the case for the prosecution. He be-
| gan by saying that the prosecution
would attempt to show that Joseph A.
Walker. United States secret service
agent, was shot and killed by William
Mason and Joseph Vanderweide while
he was in the discharge of his duty.
and that the kiililg was cold -blooded
| murder
He said the prosecution will also
show that Walker. in company with ].
Il. Chapson, geological expert, Thorn
as Harper, practical coal man. and
J. Callaghan, Il special employe of the
government, were making an examina-
tion of the underground workings be-
meath the air shaft of the Porter Fuel
| Company's mine near Hesperus, Nov.
/ ), 1907, to secure evidence to be used
by the government in the prosecution
OF certain land fraud cases that Walk
er remained at the top of the air shaft
while his companions, by means of a
rope ladder. went into the mine by the
air shaft that Walker was killed while
these men were in the bottom
of the shaft and that the defendants
! mi taf
1t to the bottom of the air shaft
\ The men in the shaft, after investi-
eating the workings of the mine. re-
turned to the air shaft and found the
ladder at the bottom. Harper, having
| worked in mines. .g.s able to climb to
| the top of the shaft aud carried the
ladder with him, which was made Sc
cure and the other men climbed to the
top of the shaft, where they found
Walker. lying dead.
James l.. Russell, chief counsel for
the defense. then made his opening
statement, outlining what the defense
Will try to prove.
Russell said Mason for number of
years was game warden and the evi-
dence will show that he was accus
toned to carrying a gun as coyotes
were numerous and sometimes other
he borrowed one at saloon the night
before because he had large sum of
money on his person and wanted the
weapon for protection on the way
home.
Sunday morning, he said Mason
thought he heard a noise in the direc-
ton of the Hesperus mine and asked
Vanderweide to go with him and in
vestigate, as IL sounded like some one
blasting and shooting. Vanderweide
took his double-barreled shotgun.
loaded with bird shot and buckshot
and they took the trail and road until
in sight OF the shaft, near which they
saw man.
He said the evidence will show that
they did not recognize Walker, know
that he was a government employe.
nor what he was doing there, and they
went farther to investigate, as any
tampering with the air shaft might
prove disastrous to not only the mine,
but the men who were working inside.
When near the shaft he said,
Walker called to them to halt, but they
paid no attention to this. not thinking
that the man would shoot. that Walk
er called second time for them to
halt. at the same time firing a shot
In the direction of Mason, but that the
shot went wild and that 1t was as
Walker was in the act OF firing the sec
ond time at Mason that Vanderweide
shot and killed him in order to save
Mason's life
The evidence will further he de-
clared, show that Mason and Wander
weide then went to Hesperus and told
what had occurred and after telephon-
ing to the sheriff at Durango. started
toward that city and were later met
and placed under arrest
The defense also denies, he said.
that Walkers body was moved by
Mason and Vanderweide. but that it
was moved by someone else. and that
when the officers arrived they found
coat lying over the body.
The first witness called was George
Goodman, the undertaken who went 10
the mine to get the body and prepare 1t
for shipment to Denver. The trip to the
mine following the murder was made
ia company with the coroner and 9TH
ers, Goldman testified that after ex-
ainining the body he placed it In a
more comfortable position and closed
the eyes. After the coroner's examin-
alton and his permit to move the body.
1t was placed on stretcher and
brought back to Durango
Goodman said that he saw two clots
OF blood on the ground about six feet
away from the body. The largest clot
was about six inches in diameter.
Lucian G. Wheeler, the second wit
ness, testified that he came to Durango
from Denver in response to telegram
stating that Walker had been killed
and that he visited the scene OF the
killing Nov. 9Th. Wheeler told OF hav-
ing his attention called to the blood
clots on the ground about fifteen feet
away from the shaft He also testified
that he saw Walkers clothes on sew
eral occasions following the murder
and that they were in the same condi-
ton each time There were three