Rocky Ford enterprise., 1908-11-13
DENIES MOTION
FOR new TRIAL
Judge Rizer Says State Law
Made Plain to Jury
BANKER GODDING
is SENTENCED
Not Less than Two Nor More Than
Two and q Half Years on Each
of the Four Counts.

adjourned term of the district court
at La Junta on Saturday to hear the
arguments of attorneys in the motion
for a new trial in the case of John E.
Godding. recently convicted of re-
ceiving deposits in the Rocky Ford
State bank after he knew it to be in
solvent.
There were several grounds for the
motion for a new trial by the defense.
among which was the fact that the
prosecution was allowed to go back
into matters fifteen or eighteen years
prior to the time OF the failure of the
the jury, and that they were not in
structed to throw these matters out :
furthermore. that District Attorney
White. in making his opening ad-
dress, accused Godding of being a
thief and said that he had stolen
100000
The defense claimed that any act
to have any bearing on case must
be a transaction at some near time
to the case. Furthermore that it was
error to allow the district attorney
to make these statements and that
the judge allowed applause and hiss
ing on the part of the audience be-
fore the jury while the case was on
TRIAL, IHuS
A motion was fled by the defense
to amend the records that had been
prepared and made by the stenogra-
pher. so that they would include the
opening speech of the district attor-
ncy and his statements in regard to
the amounts that the defendant had
stolen from the bank, also to show
that Attorney Sabin when questioning
witness Sawyer stated that he
should be given thirty days in jail.
Athus prejudicing the jury against this
Witness: and again, that Attorney Sa-
bin had said in his arguments to the
jur-- that every shingle on the roof
of Godding's mansion was stolen
from the people of this county"
1t was claimed that the court erred
in not giving certain instructions to
the jury which the defense asked for,
one of which was as follows: The
court instructs the jury that although
the bank was insolvent yet II the de-
fendant honestly believed the bank to
be al! right he should not be con-
visited" Again they asked that the
court instruct the jury as follows:
Each juror is entitled to his in
dividual opinion and that il the de-
fendant honestly believed that Mr..
Carleton of Cripple Creek was com
ing to his aid with sufficient funds
to carry on the business Of the bank.
he was justified in keeping the bank
open for the last few days that the
bank was open.
The court said it did not rcmem-
Der any applause at any time that had
not been rebuked, but the attorney
said that the judge only said to the
sheriff: "Mr. Sheriff. keep order,
when he should have rebuked the par
ties and punished them.
The Judge said that il the various
amounts claimed had been distracted
and never returned to the bank If
did serve to show to the dcfcndan;
the knowledge of the condition of the
bank. He said that the only matter
presented in the argument was the
question of the replacing of the
amounts in the bank. He believed
Ohat the evidence was admissible and
he saw no reason to change his mind
Ahe tax schedules he did not allow
% be placed in evidence and instruct
ed the jury that they were not &c
consider them. He also said: 81
think the law of the state was suffi
cicntly given to the jury"
The motion for new trial was
ovcrruled. and tho objections of the
defendants entered on record.
District Attorney White then NOV
ed for the sentence of the dcfcndan
on Count No. 1913 and the court or
dcrcd that the defendant stand up
Mr. Godding arose and the judge sal,
to him:
"NIr. Godding. the jury has givcr
YOU 4 fair trial and found you guilty
Have You anything to say why sen
tencc should not be passed upor
you?"
Nr GoddinC replied:
"Tf your honor please. ! only wisi
of the State Bank of Rocky Ford,
never violated any law with the inten
ton of wrong doing. nor for person
al gain. Tf there has been any tech
nica1 violation of the law. it was 70
the sole purpose of trying to keel
the bank open and to paw its depos
itors in full When the bank close,
I believed it to be solvent, and ! still
believe it to have been solvent a
that time"
Attorney Cranston then filed a mo
ton for arrest Of Judgment. whicl
the cpurt ovcrruied and the distric
attorney again asked than scntenc
be imposed.
Attorney Stephenson then aros
to speak for the defense and said:
At assume. sir. that you are takiri
into consideration the very remark
able conditions under which the de
feniart was tried Under the stat
u which Is a harsh one and n
doubt. just one. honest people !,
other banks in the state did the sam