Rocky Ford enterprise., 1913-10-10
HILL MUST BE
TRIED AGAIN
Jury Unable to Agree and is
Discharged After II Hours
STOOD EIGHT TO FOUR
IN FAVOR OF ACQUITTAL
Rocky Ford Youth Held Under $500
Bond for New Trial Which
Will Be at Early Date

Will Be at Early Date
After having been locked up for z
hours the jury in the district court at
Pueblo, which had heard the case of Geo
rye Hill. the Rocky Ford youth charged
with the shooting of James M. Gray, the
Rio Grande watohman, at | o o'clock last
Friday forenoon insisted that there was
no chance of verdict and was discharge
ed by Judge j. Ed Rizer. 1t stood eight
to four for aoquittal.
Hills bond was placed at $500, but no
date was set for the new trial, but it is
probable that the Judge will take the case
up at the completion OF the present dock.
The trial. in some respects. was one of
the most dramatic that had ever been
staged in the district court at Pueblo. The
veteran watchman. Gray. positively iden-
tilted Hill as the man who had shot him
and in court he insisted in no uncertain
terms. and with considerable accompany
ing profanity. that he had been the victim
Of revolver held by the Rocky Ford
youth. Gray showed considerable ami
mostly and feeling towards the prisoner.
pointing 70 him dramatically and declar-
ing that he was the ''sallow shrimp who
had shot him down.
The case went to the jury at S o'clock
on Thursday evening. following battle
Of oratory between Deputy District At
torney Hughes and Attorney H. M. Minor
for the defendant. Attorney Huges OPEN
ed the fireworks. pointing out the diserep-
ancies in the stories of Hill add Glessner,
whose testimony had occupied large
portion Of the days session.
Both Hill and Glcssner told identically
the same story as to their maneuvers the
night Of the shooting. August 9. even to
the fact that they had attended picture
show on the west side of Main street, in
small stuffy room. Chief Of Police
DAILY was placed on the stand to show
that the only picture show on the west
side of Main street was the Grand Opera
house. and that very apparently was not
the one described by the young men.
The fact that none Of the various per-
sons Hill and Glessner met in establishing
their abb. had appeared as witnesses.
was pointed out as rejecting sadly on the
credibility Of the statements. Finally the
state based its case on the positive iden-
tifieation of MIR. Gray the man who shot.
the fact that Gray had good opportunity
to see the men as they stood in the direct
rays Of the switch engine headlight.
Attorney Minor analyzsd the states
case throughout, setting forth the absence
of convieting circumstances as the most
decisive point in favor Of Hill. Especially
did the fact that the state was unable to
show that Hill had a revolver or had the
money to buy one with appeal to the at
torney.
"a have practioed law forty years" he
declared but never in my experience
have | seen case of this nature in which
the prosecution endeavored to set up
ing that the man accused had revolver
with which to commit the crime"
| The testimony Of Mrs. Lulu Pearson
that the boys had no revolver, and that
neither had money enough to buy one, the
alibi established by the two men. improb-
| aoihtf VI lbc Slotc . oSSSteiou shoe WV
could have gotten from the scene of the
shooting back to Union avenue without
being arrested Immediately following the
shooting, and more especially the dis
crepanoes in the description given by
Gray were the defense's strongest poin is.
The testimony of both young men. Mrs.
Pearson and Mrs. Hill the defendants
mother, was that Hill wore light brown
coat and hat the same color. no vest
and loud red neektie. Gray testified
that his assailant wore dark clothes and
dark hat.
During the trial Steve Kelley, the Vine
land rancher who was in the hospital
where Mr.. Gray was undergoing treat
| ment for the bullet wound, took the wit
ness stand. Over strenuous objection of
the prosecution. Kelley was premitted to
state that Gray had told him that the
man who shot him Gray was the size of
Kelley. The ranoher stands over six feet
while Hill is about five foot four inches.
and OF medium build.
Mrs, Pearson was recalled to testify
as to the clothing worn by Glessner and
Hill on the visit to Pueblo. She testified
that both wore the same clothing they
had on in the court room. Attorney
| Huobes endea yored To dig I'D more facts