La Junta tribune., 1911-08-26
semremceo TO DEATH.
Bob Harris VIII Hang During Week
Ct December sth.-tsis Father. Jo-
ssph Narris, Receives Sentence Of
Fifteen 70 Twenty-Five vsars.

eourt to the county jail from whence
kou came and with all convenient
bpeed to the state penitentiary At
canon City, and there during the
eek ending Dece mber 9Th be hanged
y the neck until you are dead. and
may God have mercy on your SOUL
as the sentence pronounced by
udge Essex In the district court
oom last Monday morning upon Rob
rt Harris, convicted in the district
ourt on August llth OF the mur-
er Of Chief Of Police J. b. Craig and
Might Marshal Ripper. of Rocky Ford.
8bn the night Of July ith.
# Court convened at 10 o'clock. with
both Robert Harris and his father.
Oseph Harris. at the bar. The at
Tendance was small. not over fifty
>ople being present The motion for
new trial and to set aside the ver-
Hdict OF murder In the first degree.
with the death penalty. returned
against Robert Harris. In the dis
trict court August ilth. was argued
BY Lyman l. Henry. He urged In his
motion that the court had failed and
refused TO give any definition OF
nanslaughter and had restricted the
bury to the two degrees Of murder.
Or acquittal.
NJ Even with more particularly he
urged the objection that the court had
only given in effect the words OF the
Statutes on the question Of self-de-
fense. and had refused to give the
lRw applicable to the case, or so as
hw that should have applied TO the
Evidence on behalf OF the defendant
Die urged that the instructions AS
eiven took from the jury the question
Of the admissability of the dying
Statement Of J. A. Ripper. and told
the jury that such statement was to
be- taken by them the same as II
sworn to on the witness stand. His
Objections to the Instructions OF the
cour, as TO the rights and duties OF
the deceased marshals was even
more particular and extensive. insist
ing that in the matter of disturbances
the officers were tresspassers unless
the crime was committed In their
presence. or unless they had war
rant. and objected that the court had
}. not told the jury anything about the
kyTishts of the defendants.
In the case of Joseph Harris. YER
gdict NJ murder In the second de-
gree. returned August isth. for the
gsieath OF the two marshsls Of Rocky
B'ord. as an accessory before the fact
On the acts Of Robert Harris. the same
matters were urged and additional ot-
jections To the courts instructions
on the subject Of accessory. Among
them Mr.. Henry insisted that the
Jury should have been told that they
should find the intent OF Joseph Har.
ris from the facts and that II need
not necessarily be- the same intent
as that OF Robert Harris.
On all the subjects raised AS To
the instructions OF the court. Mr..
Henry had rendered instructions that
had been refused by the court. and
he insisted that these instructions
had not been covered In substance by
the court The instructions that
had been offered by the defense were
a full. and covered many questions not
referred TO above. and unusual 10
be- Offered by the dcfcnse. The great
care with which all the steps have
been taken by the defense and In
which all exceptions ~ere saved and
n the record kept carefully. indicates
Z that from the commencement Of the
cases Mr.. Henry has had In mind an
adverse verdict and an appeal.
The motions were oyer-ruicd. and
he same reasons In n motion In ar.
bst OF Judgment were Offered and
Ia like manner ov.rruied. After sen.
tsnce. ninety days time WAS granted
for the defendant In each cas-. 10
tender . bill Of exceptions.
NJ Judge Essex said that In the case
of Robert Harris III" Jury had fixed
VI the degree Of punishment with the
death penalty snd that all that DE-
i ,olvcd upon the rourt ~ss Tn fix
the date Of execution. The judge
then asked the prisoner II he had
anything 10 say before receiving the
: sentence Of the court.
Robert Hsrrts aros~ with slacrity
and said. "y-s. sir: st me time
this hspprnrd did not have murder
In my heart" That was all.
In proaouncins sentence Judge &C.
ass maAc NJ, rOmm mene unon the case