The Glenwood post., 1916-11-18
F.D. Rice Acquitted on Serious
Charge. Prominent Citizen
Accused Of Cattle Theft
oThERsARE SENTENCED

The regular November term of the
district court convened last Tuesday AMI
the criminal docket was taken up with
q jury in attendance. The first case to
be brought to the attention of the jury
was that of the People versus Frank D.
Rice who was charged with giving to a
convict on the road camp, one Victor
(Blackey) Dubois, gun and otherwise
aiding and encouraging the said con-
vict to escape.
Dubois who was taken back to the
penitentiary last May, Immediately
after the gun was found in his posses
sion, was brought back here to testify
and evidently District Attorney De-
laney relied much on his testimony TO
convict Rice. However when 'Blackie' ,
was placed on the stand he sprung a sur
prise on the district attorney and the
spectators by refusing to answer the
prosecutors questions as to where he
procured the gun. He admitted having
the gun in his possession and identified
the weapon which was presented in ev:-
dence.
The testimony showed that Rice had
in his employ last May one Dewey
Troutman, paroled convict from the
state reformatory, and the effort was
made to show that Troutman, Rice and
Dubois were in collusion to furnish the
latter with weapon and assist and en-
courage him to escape.
Upon the failure of Dubois to testi-
fy against Rice the case against him
fell flat and there was nothing for tho
jury to do but acquit the accused. as
there was not sufficient evidence to
convict him, independent of Dubois ,
testimony. whatever that might have
been. Dubois justified his refusal to
testify on the ground that he feared the
testimony required might incriminate
himself.
Judge Shumate declared that the an
swers to the questions asked by the dis
trict attorney could not incriminate him
and ruled that he was in contempt OF
court and declared that he would he
subject to this court for punishment at
the expiration of his present sentence.
Dubois has the appearance of bad
man and in his sullen stubbornness in
his refusal to answer the questions pro-
pounded by the district attorney he
drew the gaze and attention to himself
of all present in the courtroom and
showed the criminal instincts of his
character to the best, or worst, advan-
tage.
Rice was ably defended by Judge
Noonan and, placed on the stand in his
own behalf, admitted having formerly
owned the revolver in question, ex-
planned where he obtained it and what
disposition he made of it, reciting how
he had traded it for target rifle, pay
ing difference of four dollars in cash.
Rice said he did not know the man
with whom he had traded, although
he had often seen him on our streats
and thought the fellow lived in Marble.
He exhibited the target rifle in court
and furnished several witnesses who
saw him make the trade. The jury
was out about three hours and brought
in a verdict of not guilty.
Edward Stanton plead guilty Of lar
ceny of money from the Enterprise
garage at Rifle where he was employed
and was sentenced by Judge Shumate
at from two to three years in the peni-
tentiary, to take effect at the expiration
of his present sentence, the prisoner
being already state prisoner on parole.
B. A. Shehorn Of the Glenwood greeh-
house plead guilty to forgery and drew
. pen sentence Of 16 months to Q years
William Malcom charged with steal
ing suit of clothes and watch fob from
his employer, William Heuschkel Of Cat
tie creek, entered plea Of guilty and
was given an indefinite reformatory
sentence.
The sensation Of the term was sprung
when J. ". Hopkins and DR.. g. A. Hop.
kins were arrested and charged by the
district attorney In m information with
killing and selling an animal which did
not belong 70 them. The eompIalnlng