| Show CASE AGAINST HOWELL FOR THE great array of legal talent in the election contest effort being made to throw the case out of court hamer and ho wall present perhaps never before in the history of ogdan has such an array ot talent been pitted in legal battle aa la the judicial election contest case now being heard before judge C W morse promptly at 10 deputy sheriff cave announced that the court was in session the seats reserved for the spectators were about halt filled with an attentive audience while behind the railing some twenty lawyers listened alth marked attention to every stage of the proceedings judge howell sat in the midst of his attorneys judge W L maginnis Maginn ls judge kimball county attorney Hulan leki and A R heywood judge 0 W pow ers and attorney C C richards appeared in behalf of the complainant dan hamer judge H H was ia attendance at the morning session and vas also a very close listener the opening shot of the legal battle was fired by attorney A II 11 heywood who stated that the defense moved to set aside the order to appear and to quash the citation judda Kim biall gave the opening argument on the motion he claimed that according to law the judge aho vho issued the citation was disqualified by reason of the fact that he had an interest and a bias in the matter section of the state laws qualifications of judges was read in of the contention under the statute Kiin ball claim cd that judge hodapp had a right to call in another judge to make the order and set the dale for the trial A whole array of authorities was them cited to show that this waa a well established law he then claimed that the court had no jurisdiction to hear the action inasmuch as the time set for the action in the order had parsed judge kimball claimed that the election contest was really a taso instituted to depose judge howell according to section 11 article 8 of the itne constitution lie claimed that the legislature only had alie right to depose district judges and that by a two thirds vote of the senate tuo thirds ot he house concurring lie claimed further that inasmuch as the citation was ordered for the of january the case has lapsed as far as that case is concerned attorney C C richardg in opposition to alie motion quoted trani the cyclopedia ot law to show that because a judge is interested in a caise ho lanot disqualified in making out preliminary orders which do not affect the merits of the case he quoted at length from the authorities in support of his contention alie fact that the judge Is interested does not prevent leini from hearing or issuing formal orders toward a determination of the case attorney richards was still arguing when an adjournment was taken until 1 A upon the convening reconvening re of court at 2 attorney resumed the argument in which he had been engaged ahen aji adjournment was taken this morning he referred to several authorities ties in law to prove that the court was not disqualified when the order tor a hearing of the case was made he held that judge morse was invested with all the powers of any district judge to dispose of this certain case alie proclamation of the governor or the request of the governor to judge morse was all that was necessary under the circumstances it judge were disqualified ly reason of a prejudicial interest thea he have the even to call ij another judge s shows the name E chandler a financial secretary the examination conducted today was done by undertaker larkan and deputy sheriff sebring and immediately thereafter a dispatch was sent to the idaho springs miners union for information concerning the murdered man it was found today that the man wore at the time of his deahn in addition to a suit of good material two pairs 0 overalls a suit of heavy underwear der wear two vesta shirts and a cap the striped louera found within eight feet of the mans body could not have belonged to him as they were several sizes too small for the murdered man there are a number of theories advanced in connection with the affair the most plausible being that the man was temporarily out of employment and was travelling tra velling over the country in search of work when he came upon where he stopped to heat water and shavo himself with a hit that he carried it is then supposed that the members of the camp found out in some way or supposed that the man had some money on hia person and t was for this purpose he was so foully murdered it is also the were paced upon the man to make it appear atiat the man whose name they bore wag dead when in reality it was another man and the original who might bo the criminal would thereby escape the clutches at the law then again the man may have been a stool pigeon for the gang whom they feared and they adopted this means ot closing his mouth forever alie examination today disclosed the fact that the dead man had two gold teeth la his mouth one in the upper and one in the lower jaw besides the two portions of gold teeth found in the purse yesterday this brings out the act that the man must have had money at some period to pay out so much tor dental work one bill showing 9 as paid in denver the discovery of the miners union card Is considered moat and it Is thought that this will lead up to the positive identity of the dead man nd to the capture of the murderers |
