Denver labor bulletin., 1915-09-18
Briefs Filed by Hawkins
and Cosf8an
Thru 0ustine Of HiIIyer, Presiding
Judge In Trial, Justice Demands
That Victim Be Given Free
dom Peadinf New Trial

Attorney Horace n. Hawkins and E.
P. C0stiGan filed a brief in the state
supreme court Monday, when the court
reconyened after abort summer vaca-
ton, praying for the release of John r.
Lawson on bond from the Las Animas
county Jail at Trinidad pending a re-
hearing of the case. At the same time
Attorney General Fred Farrar, in the
role of prosecutor for the mine opera
tors, filed brief opposing the granting
of bail to lawson. Farrar, who has
proven one of the most subservient tools
of the Rockefeller interests, It win be
recalled. recently expressed a desire to
hang John R. lawson" and break up
the union labor movement with other
hangings if necessary.
A decision of the court granting the
prayer for Lawson's release on bail. as
well as that of Louis Zancannelli. both
victims of Judge Cranky C. HiIlyer's
unfair tribunal is expected soon.
The briefs were filed in accordance
with the order of the supreme court.
issued last month, when it granted
lawson a supersedeas staying the judg-
ment of the lower court. The Mine
Workers official was sentenced TO life
imprisonment when found guilty on
charge of killing John Nimmo. a mine
guard, during battle between strikers
and mine guards near Ludlow.
Lawson Innocent of Any Crime
Referring to the decision of the SUI
preme court in issuing a writ of pro-
hibition barring Judge Hillyer from
hearing two strike cases at Walsen-
burg. the brief filed by Attorneys H. N
Hawkins and Edward P. Costigan for
Lawson says:
The decision essentially holds that
the pgejadice. eAsrepd against JUDI
Hiiiyer by plaintiff in error nawsoS3
saturates the record of plaintiff in err
ror's entire case with fatal and insep-
arabic unfairness- In the light of this
courts holdings it is no longer possi-
bic to say that substantial justice was
done plaintiff in error in a trial over
which Judge Hillyer presided.
I'VE contended in our former brief.
and must now earnestly renew the
claim. that the evidence below not only
failed to show plaintiff in error guilty
of the charge against him, but affirma-
lively established his innocence"
The attorney generals briei pdmits
the authority of the supreme court to
pass on the question - bail, but holds
that the provision excluding the admis-
sion to bail of p,rscEs charged with
capital offense applies to the Law
son case. The supreme court. the brief
contends. can exercise its authority only
when extraordinary conditions prevail.
and claims that such conditions do net
obtain in this case.
Farrars Attitude Astounding. q
In opposition to the attorney gem
erals argument IN regard to capital CT
lenses. the brief of I-awson's attorneys
holds that their clients conviction was
removed from the category os -spital Of
fenses when the jury imposed sentence
of life imprisonment ias.esd of death
Even the jury, prejudiccd. though, we
contend it was, did not bring in any
verdict making the case capita. one.'
says the brief.
1T is astounding that the sppliea-
tion for bail should now be resisted I.
the brief further says, referring to the
position of the attorney general in the
case, "and the inquiry naturally arises
whether the fact that the attorney
general had the extraordinary experi-
ence of appearing as the prosecutor
below has not removed the impersoral
attitude so valuable in this court ara
substituted therefor a partisan pro-
fessional zeal and hostility, happily
NcrUit Az must tascs itOu tut pTIClfct
of the states highest law officer,
THE attorney generals office resist
ed the granting of supersedeas to
plaintiff in error. Manifestly the at
torney generals office should not be
permitted in one breath to call this .
capital case in order to prevent bal.
and in another breath to say that it j.
not capital case in order prevent
snpersedeas to be granted as a matter of
right"
Trinidad Jail Unsanitary.
The issuance of a supersedeas BY the
supreme court, the exemplary conduct
of the plaintiff in error in meeting
conditions of his bond throughout all the
judicial proceedings and the certainty
of his appearance are given as reasons
why Lawson should be given his lib
erty on bond. His counsel points out
that he was at liberty on bond during
the trial and up to the time Judge Hill
yer overruled his motion for new
trial The fact that the Las Animas
county Jail was condemned by the state
board of charities and correction two
years ago is also cited as reason why
the union leader should not be held in
Jail.