Rocky Ford enterprise., 1909-01-15
GODDING'S SENTENCE
IS COMMITTED
Last Official Act of Retiring
Governor
TEN YEAR TERM
CUT DOWN TO TWO
Which Means that C.nvlct Banker
Will Have About Eighteen
Months In th. Pen

Which Means that Convict Banker
Will Have About Eighteen
Months In tn. Pen
On Monday. the las day of his
tenure of office, Gov Henry A:
Buchtel, commuted the sentence OF
rohn E. Goading, convict No. 1909.
The sentence of the court of from
eight to ten years on four counts IS
commuted by the governor to from
two to two and one-half years on all
four counts.
Gov. Buchtel announced that his
action was taken only after the most
exhaustive research into the records
| of the case and the most careful
study and deliberation upon the right
in the matter. In his official order
of Communication Gov. Buchtel takes
up and discusses the trial, conviction
and events leading up to the crime
charged, and places considerable i'm
portance upon the demonstrations and
scenes of threatened violence that
| were made in the court room and
about the courthouse at La Junta
during the trial, declaring these as
prejudicial to the jury.
Mr.. Hammond. brother-in-law OF
Godding, bore the governors order
to Canon City on Monday night.
The following is the text of the
governors official order OF commuta-
ton:
sentence:
"Petitions for and protests against
executive clemency have been rcceiv-
ed by me in the case Of 'ohn +. God.
aing. No. 1909. who was sentenced
- IN -
district court of Otero county to
serve a term of eight to ten years in
the state penitentiary at Canon City.
He was tried on four information.
numbered I443, Il4+, I+45 and IA+o:
In each information he was charged
with receiving deposits in insolvent
bank. on each information he was
convicted, and his sentence in each
case was to a term OF from two to
two and one-half years in the state
penitentiary, said four sentences to
run cumulatively. The petitions and
protests in this case are in such con-
ilict that l have been compelled to
study the entire record in the case
and to search in many directions tor
such facts as were necessary to en-
able me to arrive at a satisfactory
conclusion concerning my duty. That
consclusion concerning my duty ap-
pears in this executive order.
In the fall OF 1907 there were
practically no banks in the country
which were doing business in the or
dinary and usual way" The cash
ier's check and the clearing house
certificate were devices which nation
al bankers over the whole country
had learned how to use, without war-
| rant OF law, to keep the wheels OF
] business moving. The methods OF the
Rock Ford bank, to secure line OF
credit with other banks by hypothe-
| eating securities, was and Is the Gus
! tom OF banks to secure cash III new
country where many people need to
! borrow money Tor new enterprises:
The Rocky Ford bank was orig
inaliy organized to develop the coun-
try. Quite naturally money was
, loancd for the projects which prom
ised to bring people into the valley
and make homes. 1t was, therefore,
! difficult TO keep at all times the tenn
per OF the typical banker. | have
gone over every page of the record
! in this case and make note OF the fol
! lowing facts:
"First-The defendant was placed
at very great disadvantage when
required to proceed to trial imIned-
lately after Cashier Smith had aban-
| doned him, without any warning
whatsoever. The cashier had always
managed the affairs OF the bank and
he was the only officer who knew all
about the books. Mr.. Godding had
worked on the outside and knew
| practically nothing about the books:
! | make no comment on that act OF
Cashier Smith. No correspondence
needs to be produced to show that
| MIR. Goddings attorneys were the at
torneys of Mr.. Smith until the hour
OF gong to trial, for the reason that
| the court records show that fact. II
was therefore an insurmountablc em-
barras sment to require the defense
to go to trial without adequate delay
after havir- been abandoned by the
only man who knew all about the
! books.
"Second-The defendant was again
! placed at a very great disadvantage
| by the repeated demonstrations in
the court room. Mr.. Eugene Bowles.
| who reported the trial for the
Rocky Mountain News, under date OF
Dec. 10. 1908. writes me as follows:
g! lave been requested to state
whether my reports OF demonstra-
! tions by spectators at the trial OF
! Tohr +. Godding which | covered
| for the Rocky Mountain News, were
correct. want to assure you that
they were true in every particular
Trere was absolutely no cxaggera-
ton. Indeed they were rather play
| ed down. as it is termed in news
paper circles.
From another newspaper cores
! Dondcnt ! was told in effect that no
one could have fair trial in the ex-