Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-07-09
intimidation to Secure Yer
dict Charged in Argument
For New Trial.
OFFERS AFFIDAVITS
TO SUPPORT CLAIM
Member Of Jury Declares Faith in
Lawson's Innocence and Charges
Conviction Was Secured Thru In
timidation-BaIiff Said to Have
Told Juror His Wife Was Seriously
III and Thus Hurried Decision.

Trinidad, Colo, July 9-Argument on
the motion for new trial by John r.
Lawson, international board member
of the United Mine Workers Of
America, convicted of first degree
murder in connection with the killing
of John Nimmo. a mine guard. was
begun before Judge CRANKY Hillyer in
district court today. by Edward F.
Costigan. representing the defendant.
Prior to the opening Of the argument,
II. N. Hawkins. chief counsel for the
defendant presented a motion asking
for a continuance Of the hearing,
which was denied This motion was
made on the ground that he had been
so busily engaged on other cases that
he had not had sufficient time to pre-
pare his argument and the contention
that hearing on the motion should not
be had until the state supreme court
had decided the matter Of Jurisdiction.
set for July II.
Costigan was then granted permis-
sion to amend the original motion for
new trial and to add the affidavits or
jurors relative to the allegations OF
misconduct Of a bailiff.
intimidation Is Charged.
Charges that the verdict by which
Lawson was convicted OF first degree
murder was secured thru intimidation
and Jury tampering by court bailin.
were aired in the arguments on Law
son's motion for new trial. me
arguments were before Judge Hillyer.
who presided In the Lawson case. A
motion to prohibit Judge Hillyer from
hearing strike cases is pending IN the
supreme court.
Lawson was convicted May 3, OF
first degree murder. in connection with
the killing Of John Nimmo, at Ludlow.
Colo.
Juror Believes Lawson Innocent.
The motion for a new trial filed by
Lawson's attorneys was accompanied
by an affidavit filed by Grover Hall.
member of the jury, which convicted
the labor leader. In it Han declares
he believes Lawson innocent. he
swears that during the more than 1orty
hours OF jury deiiberation he was re-
peatedly told by Frank Gooden. the
bailiff in charge of the jury, that ms
wife was dangerously ILL., The ami
davit makes the further charge that on
May 3, the jury was not taken TO
luncheon at the usual hour and that the
bailif declared Judge Hillyer had
ordered the jurors be locked in room
and given no food until they reached
a verdict.
Exerted Pressure on Hall.
Finally, Hall declares, he agreed to
vote for verdict which he believed
was contrary to the evidence. Han
affidavit is supported in part by an
affidavit from another member OF the
Jury. Bert Bramlet, who served as
bailiff in the jury trial OF Banzanelil,
preceding the Lawson trial. stated that
Gooden had boasted to him that he
had brought pressure to bear on
Grover Hail." Berta Hall, Wife OF
Grover Hall. in an affidavit offered to
the court when the hearing opened
swore that during the Lawson trial she
had a cold The affidavit charged that
on the evening of May 2, one ZeRe
Martin was in the house OF affiant and
insisted that affiant should have q
doctor, that Martin finally called
nhysician. who said Mrs. Hall was not
seriously i'll. Zeke Martin at that time
was under sheriff.
Other affidavits submitted to the
court were from men alleged to have
pa rticipated as mine guards In the
battle in which Nimmo was killed, and
purport to indicate that Nimmo was
struck by bullet fired by one OF the
guards, not by strikers.