Show CONFESSION MAY SAVE LIFE OF MAN TO DIE John Mace lace of Colorado Makes Affidavit That L. L LE E. E King U Under der Death I Sentence Here Is Innocent In Innocent Innocent In- In of Murder of John Strange Accused I John Mace of ot Canyon City has sworn to an affidavit which if true exonerates Pedro alias L. L E. E King who is confined in the Utah State prison Under under under un un- der sentence of ot death King was convicted convicted convicted con con- of complicity in the murder o of Godfrey who was killed In the Sheep Ranch nanch saloon on Commercial street September 11 1900 Chief Hilton received word several weeks ago from the warden of ot the Colorado penitentiary that Mace had made statements which tended to clear King and implicated two Colorado convi con con- vl vi ts Chief Hilton replied by wire I that he had reasons to doubt the guilt of King and asking that the matter be pressed and the affidavit of f Mace ob ob- ob- ob tamed I The Salt Lake City Chiefs Chief's Instructions instructions were followed and an affidavit made by Ma Mace was received here today Mace accuses John Strange who Isnow is isnow isnow now in the Colorado State prison of having killed Story of the Crime The crime for which King was ar arrested arrested arrested ar- ar rested and tried was committed in the Sheep Ranch saloon on Commercial street September 11 1900 Colonel Godfrey dealer in a faro taco game was killed In an attempted up hold-up of the house Three masked men stalked boldly into the room where several games were in progress In-progress progress and demanded the money money on the tables Colonel reached for his gun but the robbers succeeded in getting in the first shot The faro dealer fell feU to the floor mortally wounded but managed to fire at his assailants and brought one of them to the floor with a bullet hole in his head Of Ot the three or more men who were engaged In the robbery only one was captured Lynch the one wh who re received received re- re elved the be shot from rowse's revolver King was arrested several days afterward afterward afterward after after- ward charged with complicity in the crime The evidence against him was purely circumstantial Evidence v dence Against King Xing I t tiK had purchased a satchel and three handkerchiefs on the evening before the attempted robbery The p paper per which had b been n used In wrapping these purchases was fou found In his room at atthe atthe the Walker r house hous The evidence we went t to prove that these handkerchiefs were worn worn by the robbers that night One of them was found on Lynch the man who was shot The sa satchel was shown to be the same one which was c carried into the room strapped onto the back of one of ot the men presumably to be used in carrying away the plunder and dropped there This evidence was considered considered con con- sufficient to prove the complicity com corn of King Both he and Lynch were found guilty of It the he crime and sentenced to Ho capital punishment They were given their choice of death by hanging or by being shot and each chose the latter King however has steadily maintained his l innocence and l has as tried through hU his attorney V W L. L Wanless and and through the Italian Consul Dr Cuneo of ot Denver Denver Denver Den Den- ver ver to secure delay in the execution of his sentence The case had been appealed to the Supreme court and rand had been set for last Monday but on account of the great influence brought to bear from Washington the trial was continued until the May term Secretary Hay Eay Interested The affair has been talen taken up by the Italian Minister 1 In that city who enlisted enlisted enlisted en en- listed the Interest of ot Secretary Hay Through them the case was postponed with a a. view to ordering a new trial In the event that fresh evidence as to the crime was produced The Supreme court cannot accept any evidence further further further fur fur- ther than the records of the preceding trials but should the affidavit prove to tob tobe tobe b be correct the court will order that a a. anew anew new trial be held at once and that King b Be given the benefit of any evidence evidence evidence evi evi- dence that may be forthcoming Want Requisitions J J. J C C. Burghart deputy warden of the Colorado penitentiary arrived y yesterday and is in conference with Chief Hilton and General Attorney Breeden The latter latter lat lat- lat lat- ter desire to secure a requisition for the themen themen themen men who ho have be been n implicated by the affidavit of ot Mace The matter will be t taken ken up with the Governor this after after- noon Mr Burghart says that no confession conCession has has' been made by Strange by-Strange Strange and that the matter of the affidavit has been kept entirely secret from him Strange was was' about to be released on parole but Isnow is isnow isnow now being held pending an tion Mr Burghart asserts that the three men who are charged with having been Implicated with Lynch are confined Inthe in inthe inthe the Colorado penitentiary and reformatory reform reform- atory The Affidavit Maces Mace's affidavit follows State of Colorado s 33 as County of ot Fremont Pro Fre mont John Mace being first firs dul duly sworn r rn do oath aj deposes e and says M My y ap name I Is John h Mace I em am 51 ii years old and a I t laborer by general I was In Ogden Utah on the morning after the attempted attempt d h hold up ld of ot th the Sh Sheep lp Ranch saloon in Salt Lake City Utah on September rJ 11 1900 isco In w which C hold up the proprietor r of f said bald saloon F Cot Col U rowse was killed I had been In Ogden out about n a week Prior t. t to that time and ana had then met Ed Davenport who was wt later on convicted at Cripple Creek Colo Coio for burglary and sent seat to the State Reformatory at Bin Buna na Vista I believe believe belleve be- be lieve he is still there Wh n I reached on the mom morning In after this hold up I again met Davenport Da on the street n near ar the Union depot When he met me he stopped and asked If it 1 J knew where a certain party whose name he save gave a abut but I have forgotten tt t t. t was He Davenport said at that time 1 nat at h h and the party h ho ha had Inquired 1 about hid got Into trouble trou trots ble bleU U rut Salt Lake City the night before beCore and that they wore were tr trying InK to got st out and that they were going to go Into a 0 room and stay until night and then get Jet out of ot town My Iy John Matthews was In Ogden with me at that time and I paid two dollars for the purpose of ot se securing securing securing se- se curing our way on the railroad to a a. point east of ot Rawlins Wyo Matthews is now In the reformatory at Buena Duena Vista The evening after the robbery I again met Davenport on the train where I found that he and John Strange were Continued on page 6 6 Confession M May y Save Life Continued from page 1 also going east the same way my partner partner part part- ner ncr and J f were Davenport sat down In Inthe inthe I Ib In Ir the seat b by me while le Strange kept Pt In Inthe inthe the other r end n of t the c car fore Before t the train left let Ogden Davenport while sitting sitting sit sit- sl- sl I ting by me pointed out his partner a John rr nb dt i Strange and said that they would nu have to keep t shady d until the h train rt pulled I out t and d that he d didn't know o but t Pt there might be some mugs detectives on the train with them At this time Davenport Davenport Davenport Daven Daven- port told me that ho he hI and John Strange were verp er two of ot the parties partes that held up the Sheep Shep Ranch saloon Davenport also said sd that It was lucky for Strange that he had passed by officers on the street in Ogden while he wore the coat and trousers of ot the suit the vest of ot which belonged to Strange and was In the satchel or valise valise valse va va- va- va lise lse of ot one of ot the gang In the Sheep Ranch saloon When we got to Rawlins the next morning Davenport Strange Strange Matthews a and I. I together with l a n number of others got oft off tr the train and n stayed t there About 3 9 o'clock that morning after breakfast I 1 met Davenport on the street and he asked aked me to go to his room I Idid Idid Idid did so and there I first met mEt John Strange They said they were ere afraid to go around on the streets and asked me If I I 1 had hade hadI seen e any persons o whom I might i s suspect ec of watching I hl Davenport v g t th h handed me a Salt Lake paper and pointed to an account account account ac ac- ac- ac count of the up hold-up and killing at the Sheep Ranch saloon salon and asked me what I thought of It I read It hastily hasty and said that they would have to look out ot for themselves or something to that effect They Tey talked the up hold-up over at some length and were wondering how much In Information U- U in formation tho the officers had that might lead to their arrest arest They Tey both seemed greatly greaty agitated and were anxious to take every precaution to keep out of sight nod get away Soon after this I 1 went away and knocked around town th that t day a and evening About dark of I sd t J that day as I passed d Davenport a and Strange's room Davenport came out and I asked me if I I 1 had any mone money I 1 said sald I 1 had a little and he said he and Strange were going to leave town that night and that I might h take k their lr room I paid paiO him four bits and they afterwards fe wa cal calaway calw w went away and I 1 found that they afterwards went to another Toom room and stayed In town all night because I saw them next morn morn- t log ing I saw ef Davenport o and eEr Strange a of few times times' within the b ri few days days days' when they left lef for Laramie City Before Deore going they had shown me several several sev sev- eral Sal Salt Lake papers paper among which was wasso so an account of the arrest of Robert Robert L. L King ICing and Jam James s Lynch and they were asking asking- each other who King Icing was as neither of ot them Knew him and that he was not in their gang and that he had nothing to to do with the hOld hOld- hold up or or killing killing kill kill- kl- kl ing of w atthe Sheep Ranch sa saloon sa- sa 1 loon n. n They concluded n de det t that ehe he was some o Tv fete yee e man man w Davenport Tv fete yee e man man w Davenport made thea the remark pm that he wa was was was' probably b bf some fellow t that at Detective Sheets of Salt Lake City was set against and could not get evidence In any other way to pinch him A few days after leaving ln I m met t Davenport t tai ai and Strange again In Laramie City I stayed there a aday aday aday day or so BO and met both Strange and Davenport While In Cheyenne and In talking with wih Davenport about various things he told me that the attempted up hold-up of the Sheep Ranch saloon was put up b by him and his partner Davenport Daven Daven- port while they were both in the Idaho penitentiary that he Strange got COt out three or four months before Davenport did and that he waited sited until Davenport was released when they went to Salt Lake City and met three other fellows where they arranged for the five of them to do this hold Strange 11 said that h he had held U up this thU same Iame place before They gave cave Davenport 4 45 to bu buy three thre revolvers He went out of Salt Lake and bought three revolvers He lIe came back with wih three revolvers either 44 H or 45 calibre told me that at atthe atthe atthe the last minute i l t te e ot oJ th the five backed out of the job and that th there re were four of them em actually concerned concerned In it That That- Tat they had loaded up with whisk whisky It and that was why th the fifth man wih them the thE gave shake Strange also told me tem that his vest was In the grip that was thrown away Strange also alto told me that he was the man who pumped It into when he saw one of the lad lads on the floor for floor He meaning the up hold-up who was shot shot told mo me W thi several tI times j li tare VJ Ire Ire- fe heard Strange and Davenport talk the matter mater over together and ad from their conversation as well wel as from what they told me directly the above Is a fair statement statement of what what they had had to say They Tey talked to me me and in my mu presence without reserve and I heard a great many things many of them often re repeated repeated re- re all al of ot which was to the effect fet that this up hold-up was a premeditated af at- fair In which four tour of them were engaged d but that Robert Robrt L Ly L. King was not engaged engaged en- en paged in It and was not known know to them They talked of getting as much money as they could to help the man who was shot and arid fell tel to the floor for but Instead of ot using the money t that at way they would blow blew It In tey I 1 have known Strange ever since the time last stated and he Is now In In the Colorado State penitentiary and his convict convict convict con con- vict number is Some time last lat summer summer summer sum sum- mer I had a talk with wih Strange in the penitentiary nt when he told o me that King I was wag convicted this I la the em first fIrt I knew of It I. I He laughed about abot It and said said- Well l gK King fh fhI I is innocent tit b but they ey can do nothing with it k me about now S Strange n also told me after he had remarked remarked that King was Innocent I am the man I bought the valise valse shoes neckties handkerchiefs hand hand- kerchiefs and so forth and I 1 see the I 1 bought them of testified I 1 I jr tried 1 to Jew him down but that tat Is la a He lieI lie lie- le leJohn John Mathews also heard Strange and Davenport talk this matter mater over and knows that they have said practically have stated stated I also wish to say t that t while whilo I 1 cannot put everything In an affidavit In the manner I wo would like that my frequent talks with wih Davenport avenport and Strange have been so 50 numerous and of such suc a character and under such circumstances circum stances that I am positively and and- absolutelY absolutely convinced beyond any possible d doubt first that Robert L King who was convicted with with- wih James Lynch of the killing of Is Innocent and that said John Strange Ed Davenport James Lynch and are the guilty men I 1 know this as as' as well as I can know I. I anything which I have wel not actually seen with my own eyes and I never can be convinced to the contrary If It I I 1 could see John Matthews Mathews I 1 know that he he would corroborate my statement In every detail He lIe le might without without my being being present but buthe buthe buthe he is a sort of a bullheaded fellow and might not want to say sy anything but I 1 know he would If it I could see him I 1 make this affidavit purely for tor the purpose of aiding in the release of King who Is known to be Innocent nt I 1 have not made It with wih th the hope or o promise of any re reward reward reward re- re ward or favor tavor of any kind T I know King iCing Is innocent and I dott don t want him to suffer suf suf- fer and for this reason alone I have made this affidavit freely treely and openly and without reserve And further affiant JOHN not no MACE Subscribed and sworn to before m me In duplicate this day dav of February me 1902 c CHARLES ls o. o T. T REED r Notary Public My commission expires August 11 ii 1 1903 Signed in presence of C. C M. M l. l Ga wood and C. C H. H Martin Martn |