The Canon City record with which is consolidated the Canon City cannon., 1914-06-18
ASK FOR AN
OTHER JUDGE
TO TRY CASE

Chas. D. Bradley OF Florence, as
sociate counsel with Horace y.
Hawkins. OF Denver in the defense
OF the twenty-s!x Len in the county
jail charged with first degree mur-
der in connection with the death of
William King at Chandler on AprlI
25th.. filed petition in the office OF
the clerk OF the district court prav-
ing that some other Judge, other
than Judge wilkin be called to hear
the case against the defendants anud
ed o.because OF the alleged prejudice
against them by the latter. There
was also filed by Judge Bradley at
the same time reply TO the answer
of the district attorney TO the mo-
ton to quash the indictments against
the defendants on the ground that
the grand Jurors we're not chosen In
strict accordance with the provisions
Of the statutes. Charges are made
in the reply that the members of
the board OF county commissioners
were "knowingly and wilfully guilty
OF permitting the ALLEGED Irregular
ties in relation to the drawing Of
the grand Jury.
All Of the twenty-six defendants. as
well as their attorneys. Horace y.
Hawkins and Judge Chas. d. Brad
ley. made affidavit as 10 lie Incom-
potency OF Judge wiikin to preside
at the trial OF the accused because
of his alleged prejudice against
them. The petition is a long one
and sets forth. among other things.
in the following language:
That there be called TO the Ere
mont county district court from
some other court of competent juris-
dietion to herr nd determine all
matters and proceedings in this
cause. should it be required TO lie
tried. or forthwith 20 change tie ve-
nue. Of the cause because OF. and N
account of the interest and preIu-
dice OF the regular Judge OF the court
10 soue other court OF competent
iurisdieti-n in some other county.
and In support OF this petition the de-
PENDANTS aiiege and state:
First. That the Judge Of the court.
Hon. Chas. A. wiIkin. is inoom7e-
tent TO try. or hear. the cause. ana
is Incompetent 10 Try. or hear. any
issue. or question. arising n connee-
tion With the cause.
Second. That the said judse of this
court is biased and prejudiced
against these defendants and against
each OF them.
Third. That the said ju1se OF this
court is so biased and ,pre!udieed
against these defendants, and each
OF them. that none of said defend
ants can have a fair. or impartial.
trial. or fair. or impartial hearing.
before said judge on any question. or
issue. either Of law. or of fact. aris-
ing in this cause.
Fourth. That the said Judge of
this court Is interested in this cause.
and is so interested in its persecution
and in securing n oonvicti1n OF the
defendants. and in sustaining the in
dietments against these defendants.
that none OF said defendants can
have \ fair. or impartial. trial on
any issue. or question. or which may
arise In this cause.
Fifth. That since this cause has
been pending. and While 70 was being
heard on q demurrer nied By the
rr9sec tion to plea in abatement.
and when tho acts stated In said
plea were by said demurrer admit
ted to be true. and when II was the
duty OF the court TO take and consid.
or the facts alleged In said plea as
true. he. the said Judge. being so
Interested in the cause. and so bias.
ed and prejudiced against these de-