The Canon City record with which is consolidated the Canon City cannon., 1915-04-29

and either hoisting appliances, guild,
es and shaft timbers used and employ
ed in and about the said mine as de-
manded by the statutes of the state.
Mr.. Bettis having pleaded guilty to
neglect as alleged in the four consoli-
dated indictments Judge WillSin made
tered upon the records of the court:
"The judgment of the court in this
case will be that the defendant COM
pany is guilty of violation of the
charged in the indictments in each
of these four cases here on trial, and
that the people of the state shall
have and recover their costs of the
company iii each of these four cases,
and, further, that the defendant COM
pany shall pay fine in each of these
four cases of twenty-five dollars, or
an aggregate of one hundred dollars,
and, as to the defendants, Coryell and
Bettis, it is ordered that Judgment be
suspended so far as the payment of
the fine is concerned. and that there
be no judgment against them for
costs, because the costs are adjudged
against the defendant company in
each case in which they are defen-
dants."
Before the final decree in the case
was rendered the following dialogue
took place between the court and
counsel for the defendants:
MR.. McLAIN: l desire at this
time, as secretary and also as one of
the attorneys for the Royal Gorge Coal
and Fire Clay Company, to ask leave
of the Court to withdraw our plea of
not guilty to each of the indictments
now on trial, and, in lieu thereof. to-
enter a plea of guilty, and as attor-
ney for the defendants, Mr.. Charles
Corlyell and Mr.. Eli G. Bettis, to-
withdraw our plea of not guilty in
each of those indictments in which
they are charged, and to substitute
for the plea of not guilty plea of
guilty, that the jury may be discharg-
ed from further consideration of this
matter, and that the Court take and
consider the evidence heretofore In
troduced upon which he shall base
his Judgment upon the pleas.
THE COURT: suppose that
may be done. whether or not it is ac-
ceptable to the district attorney. <
think there is no doubt that it is a
privilege of the defendants always.
MR.. STINEMYER: And of course
1t is very satisfactory to the district
attorneys office.
THE COURT: That will be the
order, that the plea of not guilty as
to each of the several indictments on
trial here heretofore pleaded on the
part of the defendant company is
withdrawn, and the plea Of guilty Is
substituted in lieu thereof; and that
the plea OF not guilty as to each Of
the two individual defendants in those
several cases in which they are
named as defendants also is with
drawn, and the plea Of guilty is plead
ed by them, severally.
Have you anything further to ask
in the case. do you want to proceed
to judgment?
Mr.. STINNEMYER: think we
should. 1 am ready to make a rec
ommendation in these cases.
THE CURT: 1 think the Court
will prefer it should be done while
the jury is here.
MR.. STINEMEYER: In all OF these
cases In which the Royal Gorge Com
pany is defendant, and it is defendant
in all of the cases, l recommend. to
the Court that the defendant COM
pany be fined twenty-five dollars on
each indictment, SO that there will
be full fine of one hundred dollors
against the Royal Gorge Caol and
Fire Clay Company, this fine to carry
the costs of this prosecution with it.
| also recommend to the Court as
to the defendants, Eli G. Bettis and
Charles @. Coryell, in each of the two
cases in which they have entered
their plea of guilty, that the Court
permit these defendants to go with
out imposition of any fine or impris-
onment or of any Of the costs in the
case.
THE COURT: The costs to be
taken care Of by the defendant com
pany.
MR. STINEMEYER: That It run.