The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1915-07-09
Counsel for Defense vainly
Asks Continuance Because
of Lack of Preparation, But
Court Declines to Grant II.
LEAVE GRANTED FOR
AMENDMENT OF MOTION
Affidavits of Minor Duggan,
a juror in Former Case.
sEd Others, Admitted as
Part of Instrument.


Trinidad, Colo, Jun s.-Argument
on the motion of q new trial for John
Y. Lawson. OF the international board
Of the United Mine Workers Of Amer
lea. convicted on May of the muir
der OF Deputy sheriff John Nimmo
near Ludlow on October IS. 1919.
started before Judge CRANKY Hillyer
In the district court this morning by
Attorney Edward p. Costigan repre-
senting the defendant.
Prior to the opening Of the argu
ment. Attorney a. N. Hawkins. chief
counsel for the defendant presented
motion for a continuance OF hear
ing. which wRs denied. This motion
was made on the ground that he had
been so husily engaged with other
cases that he had not had eulilcient
dime to prepare his argument and the
contention that hearing on the motion
should not be had until the state su-
preme court had decided the matter
OF jurisdiction for the court growing
out of the petition in the Huerfano
county cases.
Attorney Costigan then asked for,
and was granted leave to file an
amendment To the original motion for
"a new trial which included afildavits
from Minor Duggan. a Lawson juror,
and Mrs. Bertha Hall. wife OF Grover
iHall. relative 10 the allegations OF
conduct against a jury bailiff and
were additional 10 those afiidayits con
talned in the original motion.
Charges that the verdict by which
John X. Lawson. International execu-
tive board member OF the United
Mine Workers OF America, was con
Victed OF first degree murder was Sc
lcured through intimidation and jurs
tampering by a court bailin were air
ed In district court here today In te'
larguments on Lawson's motion for
new trial. The arguments we're be
fore Judge CRANKY Hillyer who pre-
sided AT the Lawson trial. A motioi
TO prohibit Judge Hillyer from hear
ing several additional strike cases i
pending in the Colorado suprem
court.
Lawson was convicted May q
FIRST degree murder Ia connection witt
the killing OF John Nimmo, deput
sherin. In "a battle near Ludlow, Col
orado, between deputies and strikin
coal miners.
The motion FOR "A new trial file
| by I.awsun's attorneys was accompar
panied by an anidavit signed by Ore
Yer Hall. a member Of the jury whlc
convicted the labor leader. In II Ha
declares he believes Lawson innocen
lie sweags that during the more tina
forty hours Of jury deliberation b
was repeatedly told by Frank Goodei
the bail5u in charge Of TIE jury, tht
his wife was dangerously al. The al
ndaVit makes the further charge tina
on May the jury was not taken [
luncheon az the usual hour. and ina
| Gooden Informed Han that judg
} Ilillyer had ordered the jurors TO b
, locked In a room ana given no foo
until they had agreed upon verde
> Finally, Hall declares, he agreed
vote for "a verdict, which he believe
was contrary to the evidence.
Halls aindavit il supported in pa
by the affidavit OF another memDer I
), the jury. offered to the court at u
q openins OF the arguments.
An affidavit by Bert Bramlett. WI
> served as baiitn in the trial of Lou
d Zancaaeln. preceding the Laws
'- trial. stated that Gooden had boast'
+ to him that he had brought preasu
70 TO bear upon Grover Hall, one OF Il
BE- jurors"
r Bertha Hall. wife OF Groyer Tia
III In an affidavit offered TO the cot
when the hearing opened. swore n
n during the lawson trial she had
n cold The affidavit charges that
the evening OF May zone Zeke Nj
no tin was In the house OF afiiant and
~ sisted that atiiant should have n d'
ln tor and that afiant informed n
~ Martin that she did not need d.
d. tor and that there was no use goI
20 that expense" Zeke Martin v
AL undersherin during the admlnlst
IT. tion of sherin J. s. Grisham, v
ST. served during most OF the recent c
m strike. Mrs. Halls affidavit contin
In -