The chronicle=news. (Trinidad, Colo.) 1898-current, 1915-01-05
II|!Glll!!j
STATE SCORES
tConssnued sron Dss. L.,

tC"nssnned srcts DASe ~
ing party of mine guards near La
Neta a year ago last November were
begun in division A of the district
court here yesterday morning. After
n few formalities counsel for the de-
Tense precipitated a legal fight on the
right of the district attorney of Huer-
fano county to employ counsel repre-
sentins outside interests to assist him
i'll the prosecution of the strikers
This point was still unsettled today.
PreliminarieS to the trials proper
indicated that the principals of both
sides are settling down to one of the
hardest fought legal battles in the
history of Colorado criminal prosecu-
lions. The nine prisoners, looking
nell-nourished and clear-eyed from
their long stay in the jails of Huer-
fano and Pueblo counties. We're seat
ed in a row. At the center table
inside the courtroom were grouped
the attorneys for both sides. repre-
senting the strongest arrays of legal
talent that could be procured in the
state Judge II. p. Burke of Huer-
fano county was on the bench. He
was assisted by Clerk Robert Nafe OF
this county and Court Stenographer
Osborne of Huerfano.
Charles T. Mahoney. attorney as
sCciated with the defense. conducted
the argument against the right OF
outside attorneys to assist in the
prosecution. He declared that per-
tos, IN
the trials would he the subordina-
ton of public justice by private con-
troll and criminal prosecution for prf-
vate end He attacked each of the
assisting prosecutors as partisans and
attorneys paid by private interests.
He charged that each of them per-
| sonally wished TO see the miners con-
victed.
The nine prisoners facing trial for
their lives are Charles Sheppard,
Frank kroupa. Daniel Richards. Ed
ward Richards. Charles Richards, Pc
ter Rich. George Zembler, Marcus
Martinolich. John Flockhart. Attor
neys representing them are Horace
\. Hawkins of Denver, Charles r.
Mahoney of Denver, 7. A. McHarg
OF Boulder, John East of Walsenburg.
John A. Martin of Pueblo. Attor-
neys engaged in the prosecution are
John ". Davidson district attorney
|, of Pueblo: John J. Hendricks, district
+ attorney of Huerf.no: Charles II.
Hayden of Walsenburg, George C.
Manly of Denver. Jesse G. Northcutt.
: Trinidad: Thomas II. Devine, Pueblo.
According to the Information filed
against the prisoners by the district
, attorney of Huerfano, they ambushed
. the mine guards when they were re-
t turning from La Neta to the Oakdale
, mine. William II. Gambling, con-
nected with the Oakdale mine. was
' threatened by the strikers while he
! was in La Veta. Fearing for his
s safety lie called the mine and an
automobile, driven by Luke Terry,
: and containing Guards Bryan, Whit
ten and Adams. was sent out for him.
, a short ways out of La Neta the au-
, tomobile was fired on by men behind
an embankment. The engine was
J. wrecked by bullet and the car
i came to a stop. The five occupants
. got out and returned the fire from
! the ground. Terry. Written and
Bryan were killed almost instantly.
Adams and Gambling We're wounded.
: Adams died soon after and Gamb1in g
recovered.
!: District Attorney Davidson said
that to comply with the law lie wish
ed to enter formal appearance in
the case He then submitted the
,l, ,,-;1I f,,,
the prosecution. This brought on
. the fight over the eligibility of the
attorneys who are not officials. Be-
fore going into this question Judge
, Burke ordered the jury box filled.
, The following IL of today's venire
). were called: NJ. r. Shepherd. r. l..
Fleming, James NJ. Mckee. w. A
, Ripke, Frank Running, Gust. Z
: Krenzke, T. A. Darby, Oscar Il. Oak
: lief. G. W. Green. II. W. Shelton. al
!. bin Hallberg and II. r. Felt. These
- were ordered to remain in the
. hallway close at hand. The others
= were permitted to so to the jur,
!. room at the other end of the cour
room.
, Mr.. Ilendrick is the prosecuting
. officer of the district in which thi
= crime is alleged to have been com
= mItted," said Mr. Mahoney opening