Show b I46ff H I DEATH DASHED ASIDE I iIt Robert King Is Granted aNew i i a-New Trial I f i LYNCH SENTENCE AFFIRMED 11 j f 1I I 1 For ilia Murder of Col Prowso E ki1 4 1 t I at Shosp Ranch h t H t TL j Alleged Confession of John Strang J in Colorado Penitentiary a Godsend I i s God-send to the Itnlinu i fr k Tn an opinion liauded down by the t Sti I q j promo court yosturuay morning the deal i Fontonco of James Lynch was it afllrmcd Another opinion hiunlcd lown at the same V I lime orders a new trial for Robert L J f KInff who has been under sojitcnco of I death for two years for the murder or j I Col Godfrey Prowso I SDK BY SIDE 1 t Ijvuch and King entered l the shadow of 1 the gallowa together Charged with tin ti 4 I 1 hatuo crime they t wore tried together sentenced I i J sen-tenced together nnd Imprisoned together Till crime WitS committed on the morning 4 I I of September 11 IP00 Thrcemon attempted II I attempt-ed to hold up the Sheep Ranch Rnmhllng t IIOUKO on Commercial street ilure was an exchange of pistol bullets anil when the I flLL smolce cleared away Col Prowao ono of I he Ramhlcrs WUJ dead on the floor and h ii d j Lynch one of thc holdups lay seriously L t woundnd The uudurl man recovered h wan tried and convicted but steadfastly II LI refused to give the I names of his asso it h clntfs About throo vocks apo when 1 some of the convicts at the State prison I 1D overpowered the guards and released r other prisoners Lynch escaped by climbing t climb-ing tho wall A week later he was lCd t lC-d wounded starving and almost 11 1 h t 1 delirious at Woods Cross He has hnd 1 ku I I very little hope of gfillag a new trial U 4 t and when his attempt to escape failed he p r 0 gave up hope of life L l PIECE OK GOOD JUCK r I The good fortune which baa come to I I I iI I I King recalls 1 ono ot the most Interesting i lll 1 t episodes III I the criminal history of the I f I I West Nearly two years afco when i I I Kings situation acemcd nearly as desperate 11 t L I des-perate as docs lynchs today John Mace I v I Itl I I a convict discharged from lie Colorado It 1 I I I I nonltsntlary called on Dr Cuneo the q l j rtullun Consul at Denver and Informed F i III I Ii I 1 him that John Strange conllned In the i 1 I Colorado penitentiary for burglary was II I I the man who assisted Tyncb in the Sheep I r L Ranch holdup and killed Prow e Lj r Jt I Mace said that Strange had told him S L I I I r thai I he Strange was In reality the man S td t for whom lUng was mistaken Mace z 1 E r ii j 1 made affidavit 10 the facts as set forth L I I I > 1 I and Dr Cuneo forwarded the affidavit to tJ p I I I I I AttorneyGeneral Erection together with t 1 I 1 I a photograph of Strange I J FL fl 1 J EVIDENCE AGAINST KING S S I k1 f I t I The chief witnesses against King were S i William Meyers a merchant and William l I 11 5 0 1ui I I I Wittenberg 1 a messenger boy Meyera I h I I 1 ilciiUllod ICIng as the man who par I F III 3 ilmbed three handkcrcblofs and a atliel l j I i I I at ifs store the night before the holdup V j IJ H l I The satchel was found at the foot oC the j a ambllngliouso stabs afler the battle I I I p VIttenbfrg said that lie saw two masked F I I I h j men run down the alley after the at I I tempted holdup and enter a saloon Wlt t i I I S rcnbcrg went in the saloon by another J fl r il I entrance and claimed he saw King before i t I j I the bar I l barWITNESSES i 1 I S i WITNESSES ARE SlfAKKX i 1 I 1 I AVhcn the photograph of Strange was ii sSj I II h 1 shown to Meyers and Wittenberg both declared o It It 10 11 I de-clared that the picture bore u stronger ro fh ii I semblance to the man they had seen than I 11 I iiid him On the strength nt this show I J fag Sheriff NtylornnclCouiit3XttjirIey tl I I h Chrlsteusen visited Strange at tho Colo mdo onitcntlary and Interviewed Mace I I at Denver They came back strong In the iS 1 belief that Strange was not the accomplice accom-plice of Lynch anil that King was the right man In tho right place A motion i r for a 1 new trial made before Judge Booth S m the Third District court was resisted and the court denied the motion The Ft ill j ap ih i peal was taken from this decIsionS decision-S k BASIS OF THE OPINION iL 1 J Tn tIll opinion handed down by Justice 1 McCarty and concurred In bv Judge S A S Baskln mill Ranch Llu court hold that Kings conviction would have been improbable II J im-probable without the testimony of Mcyeri c and Wittenberg1 and since the witnesses S liii hrul by affidavit retracted their sworn I rtaicmcnts the motion for a new trial I ih i hould have been granted ii LYNCH STANDS LP FOR KING I t1 t I i JSver since tIm arrest of King Lynch C 1 has Insisted that Klntr was Innocent of the murder He made atildavlt when lie new trial was askort that he had never I 1 seen KIng prior to this arrest hut the 4 effect of tills deposit Ion was largely neu L tralized by the fact that Lynch refused S J S to name tho men who did assist him In the attempted robbery > tt S 1 GOES HACK TO JUDGE BOOTH S h5tTh I The case will now be remanded to Indue 5 g1 Joolh who will rcscntunce Lynch and or S It i dur the new trial for King In vies of iIIt S S II the duftictlon of two ofthe States prin iJ t s cipal witnesses Sleyrs and 5 VlllcnberiT I Il I Is extremely doubtful whether ICIng can i 10 convicted again uid the District At 5 I torney mn have the may charge against him J I dismissed S r scLlKIXG ICING IS lJiOM ITALY I L KIng Is an assumed 1 name Its heart 1 is an Italian I and comes from a welltodo family In northern Italy II Is relative t Have used their Inlluoncu with the Italian S Jvmba3sadol > at Washington to ative his t IS ire The I Bmbassadnr and tho Italian 4 E Consul at Denver have used their hood III II i O1flecH In omiUoyliig counsel and spurrlu I l hil 10 the Utah authorities into ito a thorough In I 5 I vestigttlon or the 1113 > II I Vhln King was Inlorm of the decision JiI t or the I court hu Was o rjnld 11111 IX llIC6C oonndcncc that he would be ihared of the awful charge under which u i he haM rested ao long |