The Glenwood post., 1917-12-01
Second Jury Fails to Convict
Dr.. G. A. and John ". Hop
kins Of Stock Larceny
WILL Be TRIED AGAIN /

For the second time jury in the
district court has considered the evil
dence in the case of the People versus
Ur. G. A. Hopkins and hi, brother,
J,hn w. Hopkins, of this city, charged
with cattle stealing and for the second
time disagreement has resulted.
The case was long drawn out affair
and many witnesses were examined on
both sides and no stone was left un
turned by either side in an effort 20
make a case before the jury.
District Attorney Delaney had the
case well in hand and he was ably as
sisted by Jas. W. Kelley Of Denver, the
brilliant young attorney who is en-
ployed by the state board of stock in
spection commissioners to prosecute
cases of this nature.
The rights of the defendants were
equally well guarded for Judge Noonan,
who has made record as defender,
and he had for his assistant Thorn
as Ward, Jr., of Denver, former
United States district attorney, and
very able lawyer and pleader.
The evidence at the hearing natural.
ly was much the same as that which
was presented to the jury in the trial
year ago. Two noticeable points Of
difference were in the testimony which
was this year presented concerning the
finding of the carcass Of beef animal
in the McLaehlin field, this evidence
not having been presented last year for
the reason that the discovery was not
made until the last day of the trial and
then the carcass was loaded on a wagon
ana brought to Glenwood, but did nor
arrive until the case was practically
closed.
Another Variation from last year was
in the evidence Of DR.. Hopkins, who
this year testIfieo that the bonfire N
which it was claimed hy the prosecrti :,
had been used to consume the telltale
hide or hides from the Zimmerman
COW or cows, had been started by him
to consume the hide of deer which he
had killed unlawfully. These two
points constituted the principal difRer-
ence between the testimony of this
week and that of year ago.
The testimony all in and the :nstruc
tions of the court submitted to the
jury, the argument began Wednesday
afternoon, and so great was~the public
interest in the case that every seat in
the court room was filled, and the best
of order and attention prevailed while
the four legal lights pitted their ora
tory against that of the others.
Mr.. Kelley opened the argument for
the state and in cool, calculating but
decidedly impressive manner he held
jurors and audience spellbound while
Tor two hours he pointed out to the
jury the points of vantage which h,
and Mr.. Delaney had made ON behalf
of the prosecution. He shredded the
theories of the defense and emphasized
the acknowledged guilt of DR.. Hopkins
IN killing deer against the law and
sought to minimize the testimony of the
doctor because he had made false state.
ments to Sheriff Jessup and Brand In.
spector Tichenor in regard to shipping
the beef hides to Douglas, Wyoming,
and also in regard to the killing of the
deer and burning the hide. Mr.. Kc,.
ley's arraignment was one of the most
powerful ever heard in local court
and was listened to most intently by
all present.
Judge Noonan, who was in the case
last year made mastery address in
defense of his clients, going over the
evidence bit by bit and seeking to tear
to pieces the testimony Of the prosecu.
tion and the argument of Kelley. He
was followed by Tom Ward who was
likewise able and eloquent, and when
Tom had finished those who heard his
argument and that Of Judge Noonan
predicted that the Hopkins brothers
would go free.
District Attorney Delaney closed che
argument in . most forceful address,
clinehing the evidence that had been
brought out by the prosecution and
making IL difficult for the jurors to
forget any Of 1t. He made splendid