The Canon City record with which is consolidated the Canon City cannon., 1915-04-29
MOTION
FOR new
TRIAL IN
CHANDLER
nAor lln
GHOE UT

The motion for new trial for Da-
vid Robb and Ben Richardson, who
were convicted of manslaughter at
the November term of the Fremont
county district court in connection
with the killing OF William King
during the attack of striking miners
on Chandler on April 25th, 1914. is
being heard before Judge Cavender
here this afternoon.
The motion for a re-hearing of the
case was filed month or six weeks
ago, but its argument before the
court was postponed to suit the con-
venience of Horace N. Hawkins of
Denver, consul-in-chief for the defen-
dants, who has been engaged since
the middle of January as attorney for
the United Mine Workers of America
in defending cases against members
of that organization in Huerfano.
Pueblo and Las Animas counties.
Judge Cavender arrived here from
Leadville Thursday night and was
ready for the hearing of the motion
at 10 o'clock this morning, but Mr..
Hawkins was delayed in reaching
Canon City from Trinidad until later
in the day and the reading of the mo-
ton in open court was postponed un-
til l o'clock this afternoon. when all
the attorneys in the case were pres
ent. They were District Attorney Gill
bert A. Walker. of Buena Vista; and
Clyde c. Dawson of Denver for the
state and Horace N. Hawkins, of Den
yer, Judge Lee Champion of Denver.
and Gen. JOS H. Maupin. of Canon
City for the defendants.
The motion. document of thirty
four closely typewriter pages as
well as a number of affidavits alleg-
ing the belief that the defendants
were not given a fair and impartial
, trial, wefe read by Mr.. Hawkins.
Later Mr.. Dawson on the part of the
state read counter affidavits from a
number Of citizens; among them one
by w. w. Hughart. one Of the trial
jurors. who AYERS that he had no pre-
judice whatever against either Robb
nor Richardson and only voted for
their conviction because he believed
they were guilty under the law. Seve-
raj affidavits were presented to the
court tending to show the standing
and credibility of Mr.. Hughart as a
citizen of the community.
General Maupin made the first
speech in support of the motion for a
new trial and reviewed in some meas
ure the incidents leading up to the
attack on Chandler: endeayoring to
show by his argument that the defen-
dants were not guilty OF the offense
of which they were convicted and were
entitled as citizens to a new trial in
order that they might again endeavor
to establish their innocence.
Mr.. Hawkins addressed the court
at greater length than Gen. Maupin
and detailed many incidents that oc-
CURED during the trial OF Robb and
ItlCudTubOH, WHICH,, ne dhc6cu, was
prejudiciai to their case and was in
fiuential in determining the jury to
bring in a verdict of guilty against
them. Both Mr.. Walker and Mr..
Dawson spoke in opposition to the
granting Of motion for a new trial,
maintaining that they had been af-
forded every opportunity to establish
their innocence when they we're ar
raigned before the bar of the court
for trial last fall.
1t is not known at this time wheth-
er argument of the motion will be
concluded this afternoon or not.
Eighty-one exceptions are recorded in
the motion to alleged irregularities
permitted by the court at the trial Of
the defendant sat the November term,
but it is improbable that all OF them
will be given consideration as many
of them appear to be of technical
and immaterial character.