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

AT 2.4O o CLOCK this afternoon Juuge
Charles Lavender of Leadville. sit
ting in the Fremont county district
court for Judge Wilkin, overruled the
motion of defendants attorneys for
new trial in the case OF Ben Rich
ardson and David Robb. convicted of
voluntary manslaughter Jan. I'd in
connection with the killing of William
King at Chandler on April 25th. 1914.
and sentenced them to the peniteu-
tiary. Richardson, who was SEN
fenced first. was given from one to
three years imprisonment at hard la
Dor. and Robb not less than two nor
more than five years Imprisonment at
hard labor.
The order OF the court Wss that the,
prisoners should be given into the
custody of the sheriff and be commit
ted by him to the copnty jail and
later taken by him to the peniten,
tiary and given into the charge Of
the warden. to be Imprisoned by him
until the expiration Of their terms OF
imprisonment
Immediately after the pronounce
ment OF the sentence upon the prison
ers General Maupin and Judge Lee
Champion, attorneys for the prison
ers, arose in court and asked for n
stay Of execution pending the prepa.
ration OF a bill Of exceptions and APP
ply for supercedeas upon which TO
take the case TO the supreme court
for final adjudication. The request
was granted and maximum OF sixty
days was given In which to take the
necessary steps for an appeal.
The sentence Of Richardson and
Robb this afternoon came as the eli
max OF an exhaustive argument for .
ne wtrial. in which Horace y. Haw.
kins, Gen. Joseph II. Maupin and
Judge Lee Champion were the petit
TONERS. Mr.. Hawkins and Gen. Mau-
pin made their pleas on behalf OF the
prisoners Friday afternoon. Clyde C.
Dawson and District Attorney Gilbert
A. Walker. representing the state,
spoke against the motion for n rehear.
Ing Of the case against Richardson
and Robb this morning. contending
that they had been found guilty after
fair and impartial trial and must
accept the punishment OF the law for
the offense Of which they had been
convicted.
The alleged errors complained Of
by attorneys for the prisoners In their
motion for a new trial were denied
by counsel 10 rthe state and many
authorities cited by them to show
that they did not infringe any Of the
substantial rights OF the prisoners as
citizens. Every constitutional right
It was contended. had been accorded
Richardson and Robb and that their
convictions Of voluntary manslaugh.
ter was in accordance with the stat
utes OF ColorAeo.
Argument was competed 1t eleven
O'Clock this morning and q rccess
was taken by the court until two
o'clock this afternoon for the purpose
OF permitting the judge TO look mp
some desired reports and authorities.
On the reassemblinG Of court this af-
ternoon Judes Cavsnder reviewed
somewhat sxhaustively the grounds
upon which The application for = new
trial for Richardson and Robb was
made. He said that there might have
been technical errors In the trial Of
The case, but that was insSpzfErSs. ne
continued. IN . case that occupied the
i attention OF the court for six or seven
i weeks, but they ware mistakes Of no
i vital consequence to the prisoners OF
i anybody else THE prisoners had ?
asserted Judge cayender. every priv.
ilege AZ their trial accorded to Amer.
lean citizens anywhere no right OF
safeguard for their protection being
omitted by the court or by their a.
torneys. The hearing given them was
complete. fair and impartial and the
jury could not DO otherwise with The
law and the evidence before them
than ind them guilty"
When the court asked the prisoners
Il they had enyihins 70 say Why sen
tsnes shonld ~ ~ psonnnneel upot
tlen niekestete ~ r - rct suiisi
- ~