Rocky Ford enterprise., 1909-01-15
GopplNo's SENTENCE COMMITTED

over my signature tndt ! WOuld nor
interfere in any way with any YER
dict which might be reached. These
letters asking for such pledge from
me in advance of the trial revealed
the fact that much excitement existed
and that the case had been pre-juig-
"Third-The language of the pros.
ecution at various stages of the trial
was highly improper: (A) In the
opening statement of the district at
thief, and was denounced to the jury
as a thief. who, while president Of
the State Bank of Rocky Ford. had
stolen from said bank at least $780,
900. (B) When R. A. Sawyer was
on the witness stand the assistant dis
trict attorney made the remark in
the presence of the jury, substantial
ly. that he believed the witness ought
to have 80 days in Jail. CO. When
T. c. Henry was on the witness
stand testifying that the Fenton
lands were quite above the average
OF the lands in the valley, the dis
trict attorney, in the presence of the
jury. referred to Mr.. Henry as pa
rading around the country with
claims which were not true Law
yers and most thoughtful men know
that such attacks on witnesses and
such an attack on defendant. in the
presence OF the jury. are quite GER.
tain to create prciudiccs in the minds
nf the jury which cannot be dis
lodged.
"Fourth-Thc fact that Mr.. Carl
ton 'ohoning to Cashier Smith that
he was on the way with ample means
to protect the bank, on the morning
Oi Dec. 81, 1907. is not denied. Ger
taiulv a prudent banker. under the
circumstances. would keep his bank
uOgn and would receive deposits up
to the last minute. precisely as Mr..
GoGdIns did with IGe particular de-
posts in question. When Cashier
Smith who knew all about the bank
was asking his old friend, A. E.
Carlton. to come down and buy the
bank. il is demonstration that
Cashier Smith as well as President
GOdding believed the bank to be SOL
vent.
The many letters and personal
visits OF people from Rocky Ford
have not changed my Judgment
about this case as disclosed from the
line OF evidence, fairly and impartial
Godding knew that the Rocky Ford
bank was insolvent on the 3Ist day
OF December. 1907. 1t was that ior
which he was tried.
Fifth The efforts which Senator
Swink and Receiver Hall have made
and are making to increase the value
OF the lands which are held as secur-
itv for loans may bring results which
will justify the expectations OF the
most sanguine. Receiver Hall re-
norts the collection OF $4,000 from
GOOD and from doubtful and from
worthless assets. in his report OF Nov.
~. 1908. When l called on the re-
ceiver on the goth OF December,
1908. AT Rocky Ford. he pointed ont
TO ME some quite large additional
collections which had been made but
which had not yet come into his
hands. So the real amount of cash
collected on the assets at this time
probably approxinatcs $4,000. All
this is certainly hcartcning news and
ough, to stimulate hope about the
possible result of the efforts of SEN
ator Swink and Receiver Hail. With
all interested parties cooperating TO
realize on the assets and pay all de-
positors in full. she bank quite pos.
sibly might pay out in full in the
course OF few years.
Sixth: The court has now made
its record in this case and Mr.. God
ding is in the penitcniiary. 1t is now
my turn TO make my record. l know
much about TINS case at first hand
and have known much about it for
long time. have known Mr.. God
ding for wears. He always spoke to
ire in appreciation of Cashier Smith,
and said tina; the cashier rad the en-
tire responsibility for the manage
men, OF the bank, and said to me
long before this trial came on tha;
only one cause OF disagreement had
ever come up between the cashier and
himself. and that was because the
cashier made loans which he did not
approve. In my last conversation
with Mr. GoddinS | recalled TO his
.ttcn;ion what he had said tt me on
that subject some time ago. and ask
cd him whether the Fcnton loans
were in that list, His instant answer
was. All OF them were made over
rl- protest. including the early loans.
and much without my knowledge. I
then asked him whether ! might state
this fact. and his answer was: 'fou
certainly NAV for that - the truth
From all TIL; j, is evidently absurd
TO saw tha, Mr.. Goddiuv had some
,o-t OF hypnotic power over Mr..
Smith or that he in.iucrecd him
against his own Judgment.
Mr.. Smith was tried on one in
formation and was convicted. Mr..
Godding was tried on four iniorma
tions and was convicted and scutene-
&c on all four o: them: the four sem
tcaccs TO run cumulativcly. 1t seems
therefore just and right that should
use my Constitutional authority 10
equalizc this manifest disparity.
am justified in equalizinS this dispar-
i,y from the many facts which |
have recited in this executive order.
and vet further from considerations