The Ordway new era., 1913-07-18
BLANCHARD TRIAL
Couple Charged With Murder
Acquitted Last Week


December lst Of last year. and that
because OF evidence Of morphine pois-
oning suspicion pointed to the wife Of
the deceased and to Frank Caldwell.
who was employed by blanchard and
who lived on his place. The actions
OF the couple after the death Of the
husband were thought to furnish suffI-
cient cause for their arrest and deten-
ton on the charge Of murder.
Mrs. Eva Blanchard and Frank Cald
well we're acquitted Of the murder Of
Clyde NJ. Blanchard. Of Fowler. after a |
three days trial, the Jury bringing in
a verdict of not guilty about 3 O'clock
Thursday afternoon. The jury would
have rendered the Scotch verdict,
Guilty, but not Proven" had they
been permitted to do so, but under the
Instructions of the court there were
just two things to do-return verdict
OF guilty OF murder, with sentence
of imprisonment for life, or one Of not
guilty. AS there was not q particle OF
direct testimony tending to show that
either Of the defendants had In any
way been concerned in causing the
death Of Clyde NJ. Blanchard, although
there we're many suspicious circum-
stances both before. and after the
death which Implicated them. there
was nothing else to do but return a
verdict OF not guilty.
nj
home in Fowler on December LIST Of
last year, There were Indications
that his death was due t0 morphine
poisoning Blanchard's body was taken
to Minden, Neb., to be buried. the
being accompanied by the
widow and also by Caldwell. who had
been 10 Bianchard's employ revious
to his death aud made his home with
him. One OF the witnesses testified
that the widow and Caldwell, on the
funeral trip. acted like they were on Il
pleasure trip. and on the evening ui
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
Caldwell and the widow went to
Pueblo, and on February 9th they
were arrested 10 the Silver Grill Room.
Ing House. where they were living us
man and wife. charged with the mur-
der OF Blanchard. Since that date
they have been confined 10 the OterO
county jail, awaiting trial "a period Of
i've months
The trial opened last Tuesday morn
ing. with Judge McHendrie, Of Trini-
dad, on THE bench.
During the trial fifty nine jurymen
were summoned for service fourteen
from the regular venire and forty. tive
by special veDire. Nearly the entire
panel was exhausted before jury was
secured. The flnaI juryman was Sc
cured about ii o'clock Wednesday
morning, night session being held on
Tuesday evening until 10 O'Clock.
The examination Of witnesses com
menced at once, and q total Of four
teen witnesses we're examined during
the trial. No direct testimony was
introduced that would In any way Inn
plicate either Of the defendants as be.
ine concerned In causing the death Of
Blanchard. The trial came to an
abrupt Termination Thursday morn
inx about II o'clock, when E. @. Hnlt.
attorney for the defendants, made a
motion that the court instruct the
jury to bring 10 verdict Of not guilty
on the ground that the prosecution
had not introduced sufficient evidence,
or any In fact. that would Justify a
conviction.
h The defense refused to place either
OF the Two defendants upon the stand,
or TO furnish any witnesses whatever,
and the case was submitted to the jury
without argument about II O'Clock
Thursday morning. The jury tnok
two ballots while they were out. The
first ballot WAS six for conviction and
six for acquittal, and the second ballot
was unanimous for acquittal. One Of
the Instructions OF the court was to
the effect that the defendants are
competent witnesses in their own be.
half, but are under no obligation to
testify, and the fact that they fall to
testify must not be taken as any pre-.
sumption OF either guilt or innocence.
I As soon as the verdict Of the jury
was announced Judge McHendrie dis.
charged both defendants from custody.
Mrs. Blanchard and her mother, Mrs.
Be0eaick. of Fowler, spent the night
at the Otero county Jail as guests Of
Jailer Nixon, and left yesterday morn
-. "a. Toulns Gald nall nallna ~