La Junta tribune., 1913-07-12
GUILTY. sUr NOT PROVEN.
Eva Blanchard and Frank Caldwell
Turned Loose After Four hours
oe'iberaticn BY the Juy

der of Clyde NJ Blanchard. OF Fow.
Ter, after a three days trial. the
jury bringing in verdict OF not
guilty about ) O'Clock Thursday af-
ternoon. The Jury would have ren.
dered the Scotch verdict. Guilty.
but not Proven" had they been per
mitted to do 40. but under the In.
structions of the court there were
Just two things TO do-return a yer.
diet OF guilty OF murder. with =
sentence OF imprisonment for life,
or one OF not guilty. As there was
not particle OF direct testimony
tM6tng 20 show that either OF the
defendants had In any way been
concerned in causing the death Of
Clyde NJ. Blanchard. although there
were many suspicious circumstances
both before and after the death which
implicated them. there was nothing
else to do but return a verdict Of
not guilty.
Clyde NJ Blanchard died at his
home in Fowler on December LIST OF
last year. There were indications
that his death was due to morphine
poisoning. Blanchard's body WAS
taken to Minden. Neb.. to be buried
the remains being accompanied by
the widow and also by Caldwell who
had been in Blanchard's employ pre-
vious TO his death and made his
home with him. One Of the wit
nesses testified that the widow and
Caldwell on the funeral trip. acted
like they were on a pleasure trip.
and on the eyenins Of the day OF
the funeral started on the return
trip to Fowler. where both made
their home with the mother Of the
widow. Mrs. Benedick. Later Cald'
well and the widow went TO Psebso.
and an February stA they were ar
rested In the Silver Grin Roomsng
House. where they were living as
man and wife. charged with the muir
der of Blanchard. Since that date
they hav. been confined In the Ot.ro
county Jail, awaiting trial-a period
OF five months.
Tn. trial opened last Tuesday
morning, with Judge McHendrie. Of
t.l hnpxh IL Il. claim.
I'D that Judge MeHendrie u the
best posted lawyer on criminal pro-
cedure IN Colorado. For eight years
he was prosecuting attorney Of
Las Animas county. and ON an av-
erayc prosecuted about ten murder
trials year. He was unusually ex'
p~ditious IN conducting the busi-
ness of the court. and III. way he
disposed OF dilatory motions and OBJ
jections without moments hesita'
tion was treat to those who grow
weary of the laws delays.
During the trial fifty.nine jurymcn
were summoned for seryicc-fourteen
from tn. regular venire and foriy-five
by special venirc Nearly the en-
tire panel WAS exhausted before a
Jury was secured. which finally lin.
I'd IN AZ follows: = r. Hahr. J. l..
Carter. Park s Hyde. y q, Oakley.
n. A. Messenger. =. l.. Davis. FL
mer Caif.e. Paul Baker. n. r. iantx.
all OF La Jun,a. J. N. Mellon and J.
N. Gee. ~ Rocky Ford, The final
juryman was secured about II o'clock
"Wednesday morning. n nivh' session
being held on TUESDAY evening until
10 o'clock
Tn. examination of witnesses com.
mrnced NJ once. and total Of four.
teen Witnesses were examined dur
Ing the trial No direct testimony
was introduced that would In any
way implicai. either ~ the defend.
ants as being concerned In causing
the death Of Blanchard The trial
came 10 M abrupt termination Thurs.
day morning about ~ o'clock. when
v e. Holt. attorney for III. de-.
PENDANTS. made motion that III"
court instruct the iur, 10 bring IN
verde, Of not guilty ON the ground
fha, the prosecution had not in'ro.
dnc"d sufficient evidence. or any In
fact. tha, would justify a conviction.
The defense refused 10 place either
Of the two defendants upon the
stand. or ~ furnish amy Witnesses
whatever. and the case was submitted
TO the Jury without ar,nmcn' about
II O'Clock Thursday morning The
Jury took two ballots while 'hey
were ont. The first ballot was alx
for conviction and six for ac1nitfal.
and the second ballot was unanimous
for acauittai. Ono n th% instruc.