Gunnison news-champion., 1921-07-22
Trampe Acquitted
On Charge of
Flooding Road

II. F. Trampe has repaired his
ditch which was flooding the county
road in the Allen lane, and which re-
suited in his arrest and trial under
the statute.
Altho the jury. after three hours
elaboration and because Judge Cor
don would not allow the juors TO see
the lay OF the ground for them
selves, set him free from the charge.
Mr.. Trampe promptly fixed his ditch,
banking both sides so that il carries
the water straight across without
backing over the road. News-C Cham
plon has been 10 some pains to in
terview 4 number Of the witnesses
and sets forth certain facts as plainly
as IL can.
Apparently, the county officers in
charge thot this was a plain case
Of violating the law. On June Sth.
Commissioner Sullivan was called to
see the flooding Of the lane. and de-
clared on the witness stand that the
water had backed up and was run
ming over the road for three-quarters
of block. In fact, il seemed that
the roadside ditch. using it as an ir-
rigation lateral and then running il
under the road to irrigate a piece of
ground. This was west of the Trampe
house. He testified that Trampe
was warned. but did nothing to RENE
dy the matter. On July lst. the
neighbors had complained and he
vent out to look again. Alex Thom-
as, road superintendent, also was a
witness and likewise Lance Spann, the
neighbor adjoining on the west. Ac-
cording TO their testimony, Mr..
Trampe's ditch was carrying SO much
water that altho the Spann ditch,
which parallels It, had no water
turned on. both were full and the road
was flooded for long distance. The
culvert was large enough, but the
irrigation bitches TO carry the water
to the land being irrigated would not
take. the excess. There was also
water flowing over the road east of
the Trampe house.
The county had spent several hun
dred dollars in repairing and grading
this lane during the spring 1t has
always been an abomination and as
Mr.. Trampe was seemingly doing his
best to make it worse, Commissioner
Sullivan thot il was his official duty to
cause his arrest
The trial was to come before Judge
Florer, but Mr.. Trampe acting as his
own attorney. took change of venue
to Justice Gordon's court. Sprigg
Shackleford acted as prosecutor for
the state. The jury was selected by
the town marshal as constable, Mr..
Trampe objecting to Sheriff Hanlon
picking any one. This privilege was
also granted him. The jury consist
ed of Otis Moore, Fren VanAken, L.
H. Rouviere, Frank Zugelder, Guy Ex-
ter and Hugo Fagrelius.
There was considerable testimony
introduced, Mr.. Sullivan, Mr.. Thomas,
Mr.. Spann and others testifying to
the facts in the case, as they saw
them. Mr.. Trampe brought witnesses
to attempt to prove that this excess
of water came from the Duncan
ditch on the east side of his house,
altho the water would have been ap-
parently obliged to cross two forties
diagcnally, to reach the spots west
Of the house. Such water might have
had something to do with the flooding
east OI the mouse.
Dick Andrews was called by the
defense to testify to the fact that
Trampe had asked him TO get the
road crew, operated by John johnson,
to properly fix the road at the culvert.
Mr.. Andrews declares that he testi-
fed that Mr.. Trampe asked him to
ask johnson to employ Irampe and
his team to fix the road, but he never
said word to johnson or anyone else
because it wasn't his business.
The jury wanted to visualize the
road conditions and asked permission
to visit the ground. This was re
fused by the court on Wednesday
afternoon, July 13, when the trial
was held. The jury was opposed to
being held on such case, with the
of Cattlemen's Days go
ing on, and after taking many votes,
in which number Of jurors were
for conviction, agreed to turn Mr..
Trampe free from the charge.
Mr.. Trampe Immediately fxed the
Hitch SO that it will not flood the
road again this season. The season
for ranch irrigation is about over any
way for 1921.