Rocky Ford enterprise., 1913-10-10
"NIGGER bob"
GETS RETRIAL
Supreme Court Reverses
Death Sentence of Harris
FOR THE KILLING OF
ROCKY FORD MARSHALS
Ruled That District Court Erred In
Not Permitting Instruction on
blansIaughter to DO to Jury

hlansIaughter to 90 to Jury
Robert Harris, the notorious
"Nigger Bob,' who received a
death sentence for the killing of
Marshals j. B. Craig and Jacob
Ripper of this city on the night
of July 4, 1911, was on Monday
granted new trial by the supreme
court.
The states highest tribunal
ruled that the district court erred
in allowing the jury to pass on
the dying statement of Officer
Ripper, claiming that the court
should have decided this point.
1t also was held that Judge E. S.
Essex erred in not instructing the
jury regarding the bringing in of
a verdict for manslaughter.
In brief the entry of the SUI
preme court was as follows:
z66o-Robert Harris. plaintiff in error.
vs.. the People of the State of Colorado.
defendant in error; error to the district
court Of Otero county; decision en- banc:
Judgment reversed; Mr.. Justice White
not participating. Opinion by Mr.. JUS
tioe Hill.
In its opinion the court held
that the judge should have allow
ed the question of manslaughter
to be considered by the jury be-
cause the. evidence as presented
by the defense, if true, might
have warranted a manslaughter
verdict. The court held that the
jury alone is to decide whether
or not the evidence of the defense
was true and that it was not for
the trial judge to practically make
that evidence void by refusing
manslaughter instruction.
The court said: ''If the evil
dence of the defendant and his
witness is to be believed it shows
circumstances tending to excite a
sudden heat of passion occasioned
by the alleged unjustifiable and
unlawful acts of the officers.
Whether it is to be believed was
not for the court to determine
but was a question of fact to be
passed upon by the jury. The
fact that the defendant may have
claimed that he was acting through
fear of the danger not only to his
own life but to that of his father
aud mother is not incompatible
with the defense of manslaughter
nor inconsistent with the position
that if his testimony and that of
his witnesses is true that the ac-
tion of the officers were sufficient
to instill within him a sudden
heat of passion Irresistible or in
voluntarily sufficient to cause him
to commit the crimes alleged"
The opinion of the supreme
conrt indicated quite clearly that
the officers, Craig and Ripper. had
no business in the Harris home.
1t indicates that there was no
quarrel of sufficient importance to
warrant the officers going into the
home without warrant.
The court said: considerable
portion of the argument pertains
to the instructions concerning the
rights of an officer in the alleged
performance of his duties. Coun-
sci for the state makes the con-
tention that there were no proper
exceptions taken to these instruc-
tions. We deem it unnecessary
at this time to enter into a discus
sion of either of these questions
further than to state that when
considered as whole the evidence
leaves it more than doubtful
whether any real breach of the
peace or disturbance had been
committed by any one at the
Harris home prior to the arrival
of the officers or at least that any