Show OF ASSAULT CHARGE aase BROUGHT AGAINST GEORGE GORDON BY J II 11 BROWN DISMISSED IN JUSTICE COURT troubles alleged to exist between neighboring sheep outfits in the range south of cisco had an airing in justice court at moab monday when george gordon of grand junction was given a preliminary hearing on a charge of assault with a deadly weapon with Intent to do great bodily harm to the person of J H brown also a grand junction the case was tried before justice of the peace C L christensen who at the conclusion of the arguments by counsel found the evidence insufficient to hold the defendant to the district court and dismissed the action the prosecution was conducted by knox patterson assisted by henry tupper of grand junction and county attorney 0 S thomson while the defendant was represented by C A robertson gordon originally had been charged with the misdemeanor of brandishing a pistol at brown in an angry and threatening manner when court opened monday this complaint was dismissed and the felony charge that of assault was substituted brown was the complaining witness in both complaints the trouble appeared to have arisen out of the mixing of gordons and browns sheep and the clash occurred on march 15 when the sheep were being separated at the sand flats corral brown testified that gordon had driven the sheep to the corral and was separating them when he brown came up he stated that gordon took a pistol out of the pocket of a pair of chaps which were hanging on a fence placing the weapon in his pocket when he saw brown approaching As brown came up gordon pulled the gun and called brown a vile name waiving the gun in front of brown for five minutes the latter testified the witness testified that gordon said that he wanted brown to have hos hands by his side and not in his pocket when he came up to gordon brown was corroborated in part by fred king who said he was too far away to hear the conversation but that he saw gordon pull his gun the only other witness for the state was mike lopez a brown herder A full defense was put on by gordon his witnesses being joseph M ocamica loyd smith guy miller james cams and harold poy in addition to mr gordon the defendant testified that he and brown had met at the campbell ranch on march 11 and had some words concerning when gordons sheep were to be pulled from browns herd at that time he stated brown accused gordon of mixing the sheep on purpose whereupon gordon had called brown a liar and stated that he was going to get his shep and was not going to wait all summer brown replied the witness testified that if gordon came he had better come fixed this threat was later denied oaf the stand by brown but ocamica cams harold foy and loyd smith in addition to gordon testified it was made defense witnesses who testified regarding the happening af the corral on march 15 in addition to the defendant fen dant were foy miller and cams these men all said they were within a few feet of gordon aad brown and no gun was seen by them gordon stated that while he haddis hand on his gun during the quarrel he did not draw it ocamica testified that brown had told him that he would see that gordon paid for pulling a gun on him and that it would cost him or 10 brown admitted part of this conversation gordon testified that after he had been arrested fred king had breakfast at his house gordon asked him if he saw any gunplay nd king replied he had not king was recalled to the stand and denied this sheriff J B was called by the prosecution tor impeachment of the testimony of guy miller the sheriff stated that brown related to him the circumstance of the alleged assault a he had testified concerning it on the stand and that miller who was present had saad that browns statement was correct miller recalled to the stand majd that only part of browns statement to the sheriff was correct the introduction of evidence was not completed until 6 0 clock and an adjournment was taken until 7 30 p m at that time the arguments of attorneys were given by knox patterson special counsel for brown and C A robertson representing gordon the justice rendered his decision dismissing gordon immediately after the arguments were completed george gordon the defendant in the assault case had his inning as complainant tuesday with the brown interests as defendants mr gordon had sworn toa complaint charging martin aburrea a herder in the employ of J H brown with grand lar continued on last page continued first page ceny the specific offense alleged being that aburrea stole two lambs belonging to gordon aburrea was given a hearing before justice C L christensen tuesday and the justice held that the evidence was insufficient to justify binding him over to district court the theft was alleged to have been committed at the dugout ranch south of cisco oscar and harold poy were states witnesses they testified they were working on the ranch and two cambs iambs belonging to george gordon strayed into the fields they drove the lambs into a cove on the ranch 5 and notified gordons camp mover while the foys were in the house aburrea who was herding the brown sheep nearby cama into the field and drove the lamba away the boys testified they saw him driving the sheep and they followed him tracking the lambs to the brown herd the defense did not present any evidence and at the conclusion of the case knox patterson representing the defendant moved for a dismissal the motion was granted by the court county attorney C S thomson conducted the prosecution while the defendant was represented by mr patterson and henry tupper of grand junction |