Show confession CASE AGAINST HIM FOR FOB DER DEE IN DENVER hit attorney contended that the confession was made mad through rear of 0 imprisonment for lite life TRIBUNE cpr SPECIAL biall denver colo dec 2 the downen caie cage was mas rivca to the jury at 4 40 0 o this afternoon the second morning of the downen murder trial opened with the s same ame mysterious features surrounding it A volume of circumstantial evidence had been introduced yesterday and it was rationed followed by more today lut it was of 0 it a character which proved absolutely nothing bothin f TI the 1 c I 1 prisoner was as morose moros e and re reticent t cent as usual and hid dinise himself it behind a ni morning orning paper chief of police hus hasbell bell who had taken laken tile prisoners L on and who began ills testimony yesterday yeste iday resumed the witness stand the prosecution naked iced him to slate anything that downen had bald to him in reference to ills connection with I 1 the he hilling of joel G ashworth lawyer clawy c r foote promptly lly objected and in support of oc his motion said this question nurs lion of confession Is a vary one for tile the court courmon to determine as I 1 to 0 its admissibility this confes confession bion if ma mad do at all was made to the jailer in charge TI the I 1 e rule rue I 1 ot of the law Is if that buch confession fess 1 on should be set utilized carefully there has been no lie evidence in the ca case sc connecting mr fr DON donen tien with the k killing if before lill this confession can be antl introduced 0 it must first be proved that lie was connected with mith the killing another thing thine I 1 wish to say that this CO confession was nag made for a purpose thu the confession was made by the defendant so that ho he may use the courts of abo state stale for the purpose of 0 his own life such sub it a con coll as that cannot be prop cily introduced trod the states attorney said that a confession made to the police was ivas equally as binding as the confession made to the court on ills hla plea pica of guilty we are not trying him for murder he has admitted ills his guilt downers Downen Dow 8 attorney held his ground and nd said it if your honor in admits dinits this confession c beffie any elance eld nce Is introduced trod connecting the prisoner with the crime iou will open tile donis to hanging I 1 g eltty one who ho may confess to murder whatever ills purpose may be although he may never have committed tile thu wine judko judge butler replied 1 I have taken every pie precaution caution uLlon in ili this case possible to take I 1 even appointed a commis commission silon to lo examine him as to tile his sanity if ar tile the case were being tried under a plea of not guilty I 1 should not admit this evidence of confes confession Hion but unless the lie wit rk nebs la 15 shall diR cloge on cross examination that the confession was obtained under circumstances contrary to law I 1 shall have to admit the e el idenie I 1 cant see how I 1 can call do other ise I 1 am not re rc for the law nesum ln the examination counsel foote asked the chief it if it was not a tad fact that DI damerl merl at the thile lime asked to be hunt hum right an ay lie ile said bald responded mr air russell that lie he prefer hanging to imprisonment for life ag again n in he asked tile officer it if it was not a fact that did not confes to lo the killing of ashworth Asli worth until confronted a portion of AW pr opery the answer was to tile the effect that he K did not the attention was wan called to tile tho of the statutes under all which the trial was being held mr ill maintained that it should he be lc dc as to u hether the alleged alle cd confession was wao obtained under dukess or through real fear that it should be considered that the prisoner ace according Arding to hla big own statement was laboring under stress of tear fear eliat lie ho would be incarcerated in prison and that this fear might force or move him bin to home borne of cf in tho the direction of escaping it this was waa the first intimation of the defense as to what their case would be if 1 they were forced to present one chief russell then went oer down ons cna confession confes alon as made to him regarding laff the ashworth Ath worth murder detectives beliew uc arlew and loomis ls were ivere called and corroborated the testimony or it tho the defense that all mallets per pertaining laining to the coute milon be stricken out and the jury be instructed to lo III biank ing in a of 0 acquittal the motion was overruled and the case went to the jury at 4 30 30 oci ock |