The Glenwood post., 1921-03-19
MANY CASES IN
DISTRICT COURT
Jury Passes on Complaints
and Returns a Number
Of Convictions
ONLY One MISTRIAL

This was the second week of the reg
ular March term of the district court
and sveral cases were disposed of by
jury. Last week was spent principally
in the court hearing motions and set
ting cases for hearing, the jury not
being called for appearance until Mon
day of this week.
Monday morning, he jury being pres
ent, the first case to be heard was that
of The People vs. Chas. l.. Butler, the
defendant being charged with an at
tempted assault upon his stepdaughter.
A jury had no difficulty in finding
verdict of guilty against the accused,
but his attorneys gave notice that they
would file notice for a new trial, and
therefore sentence has not been passed.
On Tuesday, the case of the People
vs. Mary Puckall, charged with vio-
lation of the liquor law, having been
set for hearing, it was first necessary
for the court to hear argument on the
demurrer of the defendant, by her at
torneys, Noonan & Noonan, who pleaded
former jeopardy because their client had
formerly been tried before the police
magistrate of Glenwood Springs and
acquitted. District Attorney Delaney
claimed that there were two separte
sovereignties and that case before q
police magistrate could not be construed
as former jeopardy, and therefore did
district court.
Judge Shumate acquieseed in Mr..
Delaney's theory and ruled according
ly. Mr.. Delaney then claimed that
under the Hughes case in Eighth Colo
rado Reports, when former jeopardy IS
pleaded the affeet is eguixaAant to>a
conviction, regardless Of whether the
result of trial in the lower court was
conviction or acquittal.
The court held with this contention,
and the order of conviction was there
fore made. The defendant, through her
attorneys, asked for ten days in which
to file a motion in arrest of Judgment
or for a retrial. This was granted
The case of the People VS.. Cecil Tan
ner, +. N. Julian and w. N. Trimble
was tried before a jury. This was .
ease wherein Tanner was charged with.
assaultng j. S. Woody with intent to
do bodily injury, and Julian and Trim
BILE mentioned as accessories, the charge
being that they aldcd and abetted
Tanner IS Illegal action by standing by
and encouraging such act by refusing
to allow bystanders to interfere or sep
arate the beligerants, who Were in
rough and tumble fight in Woody's
place of business, which, it is alleged,
Tanner entered with intent To assault
the owner.
The jury, after debating the matter
nearly all night, found Tanner guilty
of assault and battery and Julian and
Trimble guilty of plain assault. The
testimony in regard to the use by Tan
ncr of u, deadly weapon was not very
clear and definite, and this perhps
the verdict rendered.
When the parties appeared before
Judge Ssumate for sentence each was
fined $25 and costs which were prompt
L. paiT.
The case OF the People VS.. Truman
Miner OF Grand Valley ON charge of
.aml lin. was dismissed by District At
iorney Htoncy, but Walter kerlee of
Grand Valley, on a like charge, pleaded
guilty and WAS fned sos and costs
which tbs defendant promptly paid.
In the case of the People VS.. j. l..
Anderson OF the Sweetwater country,
on charge of assault, this case being
heard Wednesday, on complaint of Fe-
lx L. Read, the jury reported at 10 P.
NJ. that they were unable to agree, and
Judge Shumate ordered that lodgings
be secured so the men might retire for
the night. 1t then became apparent
that one of the Jurors, James MdLearn,
OF Rifle, had been quite sick during
much of thetdeliberations Of the jury.
When he retired, physician was
called, and yesterday morning his con-
dition was such that 1t was found neces-
snry to take him to the hospital for
|