The Canon City record with which is consolidated the Canon City cannon., 1912-12-12
PENITENTIARY.
CASE RESUMED
THIS MORNING
trrom Mondays paiIy.l

was resumed in the district court at
10 O'Clock this morning following 4
recess since last Friday afternoon on
account OF the Illness of Clyde c.
Dawson. chief counsel for the de-
PENDANTS. Mr.. Dawson was able 10
appear in court today and took charge
Of the examination OF witnesses Tor
the defense, the first OF whom WIS
put on the stand at II O'Clock.
The state having completed its case
lass Friday. SO far as the Introduction
OF testimony was concerned. Mr.. DaW-
son made a brief statement to the
jury on the re-assembling of court
this morning; saying among other
things. that II expected to have 40
trouble in proving that all OF the
coal. lumber an dctha supplies sold
by the defendants to the peniien-
tiary had been delivered there
in accordance with the terms Of
their contracts with the prison con-
mlssioners.
Mr.. Dawson said that tho four ca
loads OF coal charged by the defend-
ants to the peniteatiary. but which
witnesses for the prosecution had In
piled had been diverted to the Dia-
nond Fire Brick company and 10 tie
Colorado Canning company for use.
would be shown by competent wit
nesses for the defense to have been
delivered at the prison as called fo-
In the agreement OF the defendanss
with the prison commissioners. Mr..
/ Dawson stated that the defense would
prove beyond any possible doubt thsi
these cars OF coal we're unIoaded "a
the yards of the Diamond Fire Brick
company aud that their contents were
carted away by eonsicis with peal
ientiary teams to the prison II would
.iso be shown. continued Mr.. Dawson.
that all but few. perhaps eight or
ten. os the original way bills for the
coal sold by the defendants to the
penitentiary during the period com
planned OF In the informations and
bill Of particulaters are now in pos
session OF the defease. Those that
are los; can be accounted for and
proof furnished that the car loads of
coal they represented were delivered
as required under the provisions o
the contract Of the defendants with
The prison commissioners.
I Mr. dawson said the srraignment
OF the defendants In this case on tho
charge broush, against them by taa
attorney general was serious thin<.
II was serious for the state. serious
for the court. serious for counsel. and
serious for the defendants. He point
ed out the fact tha; John Cieghorn
had been warden OF the penltcntia,y y
under several administrations OF state
affairs In Colorado and that not n
wori had been uttered against his
honesty and Integrity until this case
had come up. He spoke OF tho higi
personal character of the other is-
PENDANTS and said that their lives had
been free from any accusation OF un-
manly acts. or of any taint or sus?l-
cion OF dishonesty. There was moth
ing. he said. in the evidence as sub
mitted to the jury to connect them
In fact. or by implication, with
the charges made In the informations
and until proof had been presented
they must be considered innocent %
any wrong doing
The nrst witness for the defense
was U. $. okey. who was called %
testify as TO the amount OF lumber
used in building operations st the
prison during the years Isos-os. At
the request OF counsel for the defend
ants Mr.. okey. In company with J..
W. Marsh. former carpenter at the