Denver labor bulletin., 1915-02-27
SLUMP In EFFORT
TO CONVICT MINERS
Blowup in Evidence Against
LaVeta ssMurdererS"
Prosecution Threaten ChaseandBroueh-
ton With Charges Of Treason for Losing
Papers Necessary for Conviction

George b. Zemler, one OF the eight
La Veta union miners on trial at Pueb-
10, Charged with numbering Luke Terry,
chauffeur for coal mine deputy sheriffs,
has been set free on motion of the prose
cut,on. as no evidence could be produced
to implicate him. The defense closed its
testimony Wednesday evening and it
was expected the case would go to the
jury today Judge Burke overruled
molten of the defense to have the charge
Rich dismissed for the same reason The
court said the Jury must decide the mer-
it, of the charge against them
A sensation was sprung Tuesday when
District Attorney Hendricks admitted
the case against the defendants was
practically hopeless. He charged that
valuable information. including the
sworn statements of all the defendants
in the case on trial. that was to have
been used by the district attorney of
Huerfano county. who is prosecuting the
action, was given outright TO counsel for
the miners, or that the papers and docu-
ments covering the information. which
cost the state more than S2O0,00O were
stolen. He said the states case against
the defendants had practically been lost
because the very evidence upon which it
relied to establish the guilt OF all i'm
plieated is rumored. 1t is known that
Hendrick did not call eighty of his wit
ncsses. and that he brought his ease to
an abrupt close last Saturday because
of his lack of data.
1t developed Saturday that Horace n.
Hawkins. chief counsel for the miners,
had in his possession certain papers that
II l.. IL IL
the trial started. 1t was too late, how
ever. for Hendrick to utilize the evidence.
as he had closed his case
Adiutant General Chase and Judge
Advocate Boughton borrowed these pa
pers later when the military board in
yestieated the shooting at which time
numerous clerks and stenographers were
employed and bill said to be S2o0ooo
/ incurred. demand was made upon Hay
den and the Huerfano county district
attorney for the data previously gath
cred by them 1t was promised that the
data would be returned as soon as the
investigation was over.
The promise was never kept by those
/ who conducted the hearing, it is said
though repeated demands were made for
it. Hendricks and Hayden later made COM
plant to General Chase. General Chase,
il is said. ordered a probe into the af-
fair. but no results ever were obtained.
Hendrick was pushed to trial before
he could obtain the information. He
, relied upon the sworn statements and he
redoubled his efforts to obtain the in
formation. but neither the Hayden-H Hen
bricks papers nor any of the data OBJ
tained by the military commission could
be obtained.
The question that will be put up to
Governor Carlson. as commander of the
state militia. or to the general assem-
bly,. is. How did the miners and their
counsel obtain the very information that
the state relied upon, but which it could
not obtain by any meanss 1t was ru-
mored that treason. the most serious
charge possible. might he raised against
officers of the state militia, as result
OF the disclosures.
When questioned as to how the papers
and data came into his possession. At.
torney Hawkins replied that as copies
had been furnished the mine operators.
il was only natural to infer that in fair
ness the defendants would also be pro-
vided with copies.