Show ACQUITTED ON A technicality ON the morning of july 2nd and at denver two convicted murderers J medley and james H savage were set at liberty on a technicality technical ity there is no probability that tha they will suffer the penalty ot of the law for their crimes according to the denver news medley was charged with murdering his wife an aej I 1 was tried and found guilty of in the first degree ani sentenced to be hanged banged savage who is a colored mana man was accused of murdering another colored man and was also Fenten sentenced ced too to be hanged their cou counsel isel robert W Bon bonynge however ap appealed their cases to the united states supreme court and both their sentences were reversed on account of a flaw in the law on this chis decision they were released from custody but were again arrested immediately after and committed to jail to await trial recently mr bonynge made a motion tor for their discharge on the ground that as they had once been tried for their crimes they could not dot be tried for them the second time assistant district attorney ward who opposed this motion argued that so long as they were not placed in jeopardy by their first trial nothing could prevent them being tried again he claimed they had not been placed in jeopardy at their first trial althey were tried for murder in the first degree whereas they should have bien bi en tried for murder in a lesser degree counsel for the prisoners held that they had been placed in jeopardy by their trials and judge rising evidently concurred with him for he decided the motion yesterday in favor of the prisoners in ais discharging charging them he also referred to judge allens aliens decision that the original rigi ual sentence of these men still held good but whether it does or not no attempt was made to arrest them after they left the court room both looked very sober when they entered the room to hear the judges judged decision when they found they were free their joy knew no bounds they restrained themselves however until they got outside the courtroom then with tears running down their cheeks they grasped the lawyers hand and almost wrung it off his arm he accompanied them to the street and affet banding each a sutia sum of money and a railroad ticket told them to get out of the state as soon as possible they lost no time in following his advice |