Show A P proceedings jr oce edings of preliminary hearing of northwestern colorado shoo shooting 16 affair tho following foll account as 8 token talen from froin the rifle colo telegram rr L e art and is a complete coni pleto of the preliminary hearing of deputy sheriff earl cool of mrs adelb coltharp earl cook arraigned oo 00 first art do gree murder charge attorney attorn john dark clark representing cook daiv 0 el 4 reading of 0 the complaint and entered a plea of not guilty fort or hia his client cecil groan cross ot of rt angely wa was the first witness called by cul 1 lion ilia ills statement la in substance betance eu as ag as follows i had known cook tor for some time OB on the deih of april 1928 1926 saw cook utter dark at big toss place said bald cook stated he had toen men aa a car going toward dragon that dill bill coltharp had gone one toward dragon and that he wanted him lie ile informed ars that ha be as a deputy sheriff sald he had just cema came from the coal mine he ile took flash light and went out ard and respected road leading to draten saw car coining coming from dragon and that cook went to the end ot of the lano and topped stopped car and had talk with occupants he ile cook then canie ca nie back to house and stated that car had nothing in it cook stated that it car had bad not stopped he be would have shot tire hat he warned occupants to gay say nothing they thet told him they had passed a ford with a truck body that gross and cook went to see ee murray but that he was not bt at horia grass then dec dea ed td to ito go alne with cook in la search ot of ford truck gros grose tool ills hi car T bev turned the lights oft ff and started out on the dragon road met mot party who told tem he bad had passed ford truck about U 14 I 1 mile miles from rangely langely gross and cook saw a light approaching in n the road behind them and thought that a car had started to warn coltharp abat they tapped to intercept the car approaching apro aching when tha tho car goi got up to them it started around and unit fools ook who was wa on the ground at the time tinie jumped onto the running board and told grow gross to EO go 11 gross bartel hl his car ear and ara was crowded out ot of the road onto rough tough lound ground and ook either tell fell or from rom the running bord ald at obet instant nl fired a shot hot ta it he should judg j buttars lere car about 2 yard front cook when he fired ared alter atter het tacar 10 fired cook ped into the car at 4 d they up to the r car which had said clarence miller cecil arots eee see I 1 what you va done you hilled killed joan milars wife thit the body andl I 1 mite loaded into the irois car and they all started tor for dragen that whan hen they arrived at the millar car mr mrs miller we was breathing hutlin i but that he be did not know when she he died saw a ear coming and cook stated that it it was coltharp growl bed be d co go back to meeker wath him grow stated that cook did not appear nervous at any time wha when they arrived at dragon they took mr mrs miller into the doctor doctors e office that clarence 1 miller had bad gone to meet I 1 colthar coltharp that when he e went back to his il car tar acra from the detor de dc tors tor a cook vae as gone that the I 1 miller car stayed on the road at the scene of the hooting shooting all that when he be went back the text next morning he be examined the car and released a do dog thai that wag was in the rear eat seat gala sala that he round found a bulle butte hole through title the back curtain of the car at about the center said he be algo also examined the car the next 1 evening but at ro time dil he be find any liquor tn in it I 1 on croiss examination by attorney clark grose gro stated that clarence miller wu was driving the miller car irons stated that ccok cook had bad told him that he thought coltharp Colt barp had gone after a load ot of booze gross oro bated that lie be was a deputy sheriff and abhat thai cook knew know it ahat bat cook waa was standi landing jig when lien he fired the ahot hot aad from if 1 to 15 16 fet feet from rom the read when farther further questioned by de laney lanoy gross gro stated that cook wae was standing when the to hot shot was w fired grcia oro stated that ie be was a daiv as ag a Che chevrolet rolet ear that it bo 1 iad ha heard rd that coltharp bad had va Duref aad a quantity of boose aud and bad had it cac each I 1 I 1 ad Clarenc Jaren ct ci tiller clarence miller ci was the next witness called by dalaney Dc laney stated he in company with john miller bud aud wife A ita left for dracon dragon about 9 0 clock v ta oa on th evening of 0 april IS 18 that coltharp bad his truck and hat lie be we was afoot ll I 1 coltharp would ret get drunk and get in trouble and that they were wets koeng look for the truck staged staled that coltharp had bail bled borro bo oed ed to take a girl briend to dragan hearil a sheriff was as in the country Star started toward drason dragon and wa hopped stopped ty by cook who told them they proceed started around the gross a car when the ahoi shot wae was fired Stat stasea edl that when cook came come back in the theo road to top stop then them the n cook aimed a elx sit shooter at tho oer ear and that topped heu they were within 19 feet at of the gloss 8 car stated book never stated that he aa as an osiber never showed any authority or offered to place any of them under or a reet rest littler stated that ho b iad ieta to pan pa the broam err is igat he could intercept Calt caltharp barp wet rt that the th bullet ard fired by wok orvet me miller back ot of the left 1191 er on afta continued on pair ma 6 of OP 0 op t S amul u 1 nd conal s from pase page 1 2 over and na new recovered living about bout 30 tai minute that when hen they arrived in draton dragon clarence miller w went eat to find and coltharp on croaa cross examination miller stated that he rang runs a pool ball in rangely langely wun bill coltharp that miller n wife called him out of the pool tool hall and told him the sheriff was wa in ill tawn town that they then started for dragon alter after be hooting shooting miller exclaimed to coo cool you killed her bet and you 11 pay par for it end nd that cock cook replied I 1 didn t mean to kill ber her 11 A recess ot of 10 minutes was declared by the court coroner lar farthing thing lnE dr chaa chas 11 farthing at meeker couty coroner wa was nest called by the prosecution slated stated he elamin delia delta miller b i body at vernal utah on the of the that there wae was a gunshot wound in the head toad that too bo extracted the bullet bullot from the and that it resembled a 30 luger bullet that he had been to the scene ot at the shooting and that it was 26 from cook a track tracks to the point who 11 wits v upped 0 balte atta hit 11 tao bullet defendant erl earl cook the prosecution rested and attorney clerk clark placed the defendant earl cook on an the he H stated that be was a rancher and that be had llred lived in ransell for 7 rear rears that be he had bad bea been a deputy sheriff ince sineo april 9 thie this year that tant ho be was wa in rangely on tor for ernt tot saw a ford rord track with coltharp driving leave in the direction of dragon hal had had numerous complaints of coltharp hauling in whisky ikey and thought te be would go 50 out on the dragon road and try and intercept him abent to gross gro boue house ou horseback to get gi grons to go with him ae an he wai was the only aun man he could trust that when ho he gaw saw the ear car approaching them from the he knew know there had bad been a that he stepped off oft the car when the miller car come directly ui up to them that he stampa epati et ati to miller 1 I am a deputy sheriff and you cant EO go on that he be did lot display any sm gun that mr lra aller aid don t pay any attention to him go on around dem tided three or tour our times tor for them to halt that wa wall in hia his car during thia this time and that miller nil a vita with arose 0 row abas be onto tl ala running board and told old dross cro to go that the read d mal wa rough roua and when the mr tar started he be fell off into the bruth brush came onto bit feet and fired one hot shot had not drawn gun before did not aim at car hoped report of f bot shot would cause miller car to top stop anas a not excited shot low 15 16 or is feet from road when he tired hit dont know distance between him and milter miller car when hot shot waa was fired knew know that it car bot got away then ther would be no clance to intercept Col coltharp upon cross crose examination by do lauer cook that he wae was not personally acquainted with coltharp Coll harp was wa appointed deputy to catch col tharp heard coltharp tell ba t owen owens gemel several nights before that he intended intend e d to bring in booie booze and that he had ocean oceans of it ft I 1 deputized gross that debt night to alln search for Col coltharp tharl instructor oj when appointed deputy sheriff riff to eaten catch cohart and shorty miller millet that he brov gun accidee ally when ha he fell tram running board that he did not know whether he drew dref gun un on purpose or not when asked by delaney what precautions did lyou you take in shooting he anew tut that he ltha 64 tb th a air waa was not ex teat that he n S t e d tt that 49 4 go b the aina 4 ot of hitting tb 4 clr on the car that be us bet shot win mi just fired ehnes ill all tat he its did not riot to use gun adeee ired on orbit be he never biaca made the remark lii lutts tbt that there wore two or three tt wre to going te to got killed on rel reAl treet by attorney at orney clark cook that dill it coltharp bears bear a general reputation to n a bootle bootlegs gT la in Ran ively and that ado public la in knew know it tt at dance it 0 was a general practice tle to brine bring in liquor and to seu eli to my any body and evory everybody body that when be fired hot shot ba be held run iran at hip boding miller car would stop at report ot at xua sun on qu auton eatton ton by delaney a to bar many shells be had for the gun gum on 04 the tino tiras ol 01 the jo johnting he h aus u dered three thi this concluded the evidence eTi deace and th court declared a IC IS manuto re coed at the end ot at abiell be b an bounced that boox was discharged dis charted t Is wan done without listening to any arguments from counsel on either side aad pid thus ended the end ot a perfect day |