The daily sentinel., 1908-12-08
COURT IS in
SESSION HERE
Distinguished IAssembage Of Atorneys--Two Criminal
Cases Ready for Trial--Kannah Creek Con-
demnation Cases are Called

One OF the most representative
groups of lawyers seen in the district
court room in a long time was as
sembled this morning at 10 O'Clock
when the Mesa county district court
opened for the adjourned term of the
regular October term. There was
Judge Harkinstein. of Buena Vista,
one of the leading lawyers of Colo
RADIO, Frank c. Goudy, the brilliant
Denver attorney so well known here.
Judge Halt one of the ablest bar
risters of the capital city. then there
was a notable array of Grand juno
ton and Mesa county attorneys. men
whom always measure up well with
any company of practitioners DeIore
the bar of a court
The court room was filled with
spectators and members of the petit
Jury who were excused at the October
term until the adjourned term. There
were also a large number of well
known Hannah creek ranchmen VINO
propose to put up hard fight 10
save their water rights from the city
of Grand Junction.
Just at 10 o'clock Judge Shackle-
ford instructed Undersheriff Wallis
to open the court and in rev min
utes the honorable district court
was under way.
District Court Clerk Primrose call
ed the list of jurors and every man
answered present but f. X. Hughes
who was not present and was there
fore in danger of contempt of court.
An attachment was issued for him
and placed in the hands of the
sheriff.
1t was evident that the attorneys
engaged in the Hannah creek con-
demnation proceedings and the many
ranchmen SO vitality Interested,
thought these cases would be taken
up at the very start. However,
Judge Shackleford announced that
it was agreed at the October term
that the suit of John sweeney against
the Uintah Railway company for
$4,000 damages for injuries he
claims to have received while in the
employment of the road, should take
precedent. Immediately a young
Denver attorney for the Uintah road
addressed the court and read a long
affidavit from Attorney McAllister,
the Uintah's regular attorney in the
case. setting forth that for various
reasons and through misunderstand-
ings he was unable to be present to
try the case, that he was better
fitted to try it owing to his knowledge
of the case than any other attorney
. for the road and for all these reasons
he wanted the case continued until
the March term.
When the company's attorney had
finished reading the long affidavit
and making his argument for con-
tinuance of the case Judge Shackle-
ford called on Judge Harkenstein,
attorney for the plaintiff in the case,
for bic ctatemant Judge Harken-
stein declared that he most emphat-
ically objected to a further contin-
uance of the case. In his clear state
ment to the court he declared that
the case had been pending through a
number of regular terms of the court,
that he had had it placed on trial
docket three different times, twice II
had been continued at the wish OF
the defendant railroad company and
once at the wish of the plaintiff. He
stated that he had every reason to
believe the case was to be tried last
October until within a very few days
of the date of the court session and
TOO late for him to prevent his client
from going to the expense of coming
here. He then declared that he had
geen given to understand by at
torneys for the defandant that the
case would come to trial at this ad-
lOufneu term anu lLii hilhNi9 i9tpcS'
Attorney Halderman was to repre-
sent the railroad company in the
trial. For these reasons and other
reasons that he presented, he asked
the court to try the case at this term
in fairness and justice to the plain
tiff.
Judge Shackleford then ruled that
he would not allow the case to be
continued. and that it must go to
! trial unless there could be an agree
\ ment between the attorneys on both
sides and Judge Harkenstein Will not
agree to a continuance so the case
will have to go to trial.
The arguments of the attorneys
created much interest in the court
room. The trial promises to be still
more interesting.
The jury was then excused until 2
O'Clock and the trial docket was
called.
1t was decided to place Moffett, the
DeBeque ranchman charged with in
turing his daughter, Bessie, on trial
a. o'clock this afternoon The de-