The Ordway new era., 1908-05-01

that 1t was impossible for him to have
been facing the person who shot him.
as claimed by the defense.
James l.. Russell, chief counsel for
the defense, then made his opening
statement, outlining what the defense
Will try to prove. He said that Mason
has been a resident OF southwestern
Colorado for twenty-three years and of
La Plata county for eighteen years. He
was superintendent OF the Hesperus
mine for sixteen years. Is married, has
an adopted daughter married. stood
high in the community In which he so
long resided, and that his word and
business integrity have never been
questioned.
He said Vanderweide, the other de-
fendant, has been resident OF La
Plata county for nine years. worked in
local smelter four years, one year In
the Boston coal mine and four years
at the Herperus property. His wife
ran the boarding house at his property
at the time OF the tragedy. He has
daughter five years old. and that be-
fore this affair he was never known to
have been In any trouble. This is the
first time that anything d!screditable
had been charged to either OF the two
defendants, he declared.
Attorney Russell declared the evil
dence will further go to show that the
Porter Fuel Company held patents to
the land and that the government
agents were trespassers thereon; that
there was no occasion for the secret
service men to steal onto the property.
as no government agent had ever been
refused admittance to the mine.
The ground in question is close to
the dividing line OF the agricultural
area and the coal land. and as evidence
will. he said. show, some years ago a
man named Brown took up coal land
claim, which was contested by a home
steader, who won. as Brown could not
show that there was coal on his land.
Russell said Mason for n number OF
years was game warden and the evil
dence will show that he was accus-
toned to carrying n gun as coyotes
were numerous and sometimes other
game. This time he had no gun and
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 u noise in the direc.
tion Of the Hesperus mine and asked
vanderweide to 90 with him and in.
vestigate. as 1t 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 government employe
nor what he was doing there. and they
went farther to investigate. rs 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
err called a 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 nc
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 Waller
: 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 Dy
Mason and Vanderweide. but that II
was moved by someone else, and that
, when the officers arrived they found
, a coat lying over the body.