Monte Vista journal and Monte Vista graphic-reporter., 1924-06-13
OOURTPREfERS EXTEDNC MERCYRATHERI
Than TO HAVE A FUNERAL ON IT'S HANDS

ing to pay for q medical examination
OF the prisoner.-would the public
and taxpayers have to stand the
cost of such xamination?-didt the
prisoner have the price of an ex-
amination?-if not he did not con-
slider the public should stand the
cost OF one.
The Jealous citizen was informed
by the District Attorney that such
an examination was proper and Gus
tomary II needed before a court. Mr..
Batchelder also informed him such
an examination would rightfully
come under the direction OF the
county physician. in which office DR..
Trueblood is incumbent.
At the instigation Of Meyer. Mr..
Johnson asked the prisoner II he
wanted a medical examination at his
own expense. He replied that he
had but few cents left and that
he had been examined many times.
both in Monte Vista and In Denver
and that he was always told he was
In the third stage of tuberculosis.
He said II the court was not salts
fled as to his condition the examina-
tion was up to them.
Again Meyer was on his feet in
terrupting the court and emphatical-
ly inferring the officials were allow
Ing sentiment to enter into their
administration of justice on an Of
fender who deserved the extreme
penalty.
This accusation brought quick
retort from the District Attorney to
the effect that he did not care to
come before any court that enforc-
ed the Law TO the letter and without
mercy. Pointing his remarks at
Meyer he said:
There are just as bad and even
worse violations of the law in Monte
Vista every week that are never ap-
pretended and II does not stand to
reason that because We have caught
one offender and brought him be-
fore this court that ~e should ex.
act the extreme penalty Of the Law
to the extent that We might hasten
his death"
Judge Batchelder expressed 4 sim
liar opinion In respect to the privi-
lege Of the court TO pass sentence
and exercise mercy II the circum.
stances OF the case warranted II.
Further. he asked that the court
recess until the afternoon to allow
him to have the prisoner examined.
and to consider the sentence.
Al 2 y. m. the court reconvened.
Mr.. Meyer was not present. Judge
Batchelder said he had taken the
matter up with DIR. Truebiood and
that the physician told him an ex-
animation was not necessary. that
he had examined the prisoner sew
eral months ago and knew him to
he an advanced tubercular. in what
is known as the third stage. Judge
Batchelder assessed a fine OF $3.50
and costs OF f2l.60. The prisoner
could not meet the fine and costs nj
that time but was released and his
car held as bond while he secured
the finances which he said he could
do by appealing to friends In his
former home In Minnesota.
According TO the prisoners story
he came to Colorado two or three
years ago after an unsuccessful
fight against tuberculosis In Min
nesota. with what funds he had he
sought treatment In Denver and
tried to get admission to Craig Col
ony. This was refused because he
was not n resident Of Colorado.
Other attempts at gaining admission
TO ssnitariums failed and with his
wife he came To the neishborhood
Of Wagon Wheel Gap where the
wife sustained them by cooking In