Show avo V 12 bajos granted release pending new trial 0 As announced previously at the close of the evenin evening 9 session of court last thursday when the jury announced their decision after four hours of deliberation it was decided to meet at 1000 a m on friday morning for the purpose of pronouncing sentence on the two navajos cavajos Nava jos jack crank andyjohn and john chief the verdict was a conviction of murder in the second degree with the recommendation that parole be granted after two years of afim im arf ament for john chief the tae man and of murder in the second abond degree without any recommendation ommen dation for jack crank when court convened on friday morning judge keller repeated the verdict arrived at and called the defendants to the stand both men were calm and a change of clothing added much to their appearance pe arance john chief wore a green silk shirt and jack crank a plaid one instead of the grey shirts and overalls each had on during the past weeks the opening remarks of the judge included words to the effect that a charge of murder in the first degree had been filed by the state on information received concerning the killing of a white man twelve years before known only as john doe he further stated that this person had been more or less identified during the trial by the finding of a skull to that accusation you entered a plea of not guilty the judge declared and you said you were without funds to obtain coun counsel to defend you therefore the court appointed attorney knox patterson to take the case and a time was fixed for a trial before a jury that jury has now returned a verdict finding you guilty of murder in the second degree the judge then asked the men continued on page 4 41 NAVAJOS RELEASED 0 continued from page 1 if they or their attorney had any legal reason why sentence c s should h not be pronounced whereupon attorney patterson made the following statements he declared the navaja never had a chancel chance from the dime they fell into the hand of the navajo pol police I 1 ce and he denounced the verdict in no uncertain tam terms he further stated that the evidence given was not sufficient to pronounce such verdict and call called attention to the eight confessions submitted and the deception and coercion practiced from start to finish mr patterson called the trial tr ial unfair and claimed the men w were re tried in a court that was against them with a jury whose opinion was against them and against their race A motion was then presented for an arrested judgment which was denied before proceeding to pass sentence judge keller asked jack crank to speak he spoke through his interpreter charlie platero PIa tero 1 saying that he could not understand why he was being convicted on his testimony and the statements i that had been made meaning asis his confession that the crime was committed in self defense as related in previous issue and the accusations made against him then he said 1 I would like for my counsel to make stati statement ment in my behalf before asking for such statement the judge put several questions to the man regarding his age and family relationship through which it was learned learne ct that jack crank was about 39 years of age had a wife and six children ranging in age from one year to about 18 his final remarks were to the effect that been detained in m prison and having gone through the experiences perien ces of the past months he had learned the difference be iween light ight i and wrong and again ne lie asked that counsel speak f for or him john chief was then called belore the judge and asked similar questions he gave his age as somewhere around 52 and sta sia ed that he had a wife and two children when asked what means ot of support the families of these men hau it was learned that they had to 10 depend on what few sheep were leit although their stock was much depleted dep leed now both men were also asked if they ever had haa been in court trouble before to which each answered no attorney patterson was then permitted to speak and prefaced his remarks by saying that it was galling to ask tor for leniency for men I 1 believe to be innocent but I 1 owe it to the boys to speak f for or them he fie further said 1 I am confident that if the court will feel disposed to suspend the sentence the boys will not nol go wrong and offered to do all in his power to help them he asked for consideration of a suspended sentence and offered to file a motion for a new trial attorney then spoke saying last weekend week end I 1 made a trip 10 0 their country talked with white residents in that section naming the M mr r and mrs mr goulding and another trader at the trading post pae he said that all ail of these people held these navajo indians in high regard they also aiso paid tribute to john chief tor for his manner of conduct at all times and mr mentioned several interesting things which were to he credit of john chief district attorney donald adams was then asked to speak for the state his remarks were to the effect that the men were convicted for murder a serious offense and lie he could not agree to a suspended pen jed sentence by the court lie he said that in view of the plea made by the jury in behalf of john chief chie f he thought he should receive the minimum sentence but that jack crank should receive a long longer er sentence the men were then told to step before the judge who said the court has listened to the statements of your counsel and said he hoped an appeal would be made for a new trial he further said 1 41 I will recommend to the state board of pardons that each one of you be released at the earliest possible moment in keeping with the necessary proceed ure he then pronounced the following sentence that jack crank be imprisoned for ten years and that john chief be imprisoned for ten years 9 and expressed the opinion and the hope that through the appeal to the board of pardons they would not be he held I 1 d in prison long attorney patterson then asked the court to fix a bond and pro bounce a stay of execution pending the appeal he recommended a bond of 2500 for the two men after consideration and further comment from both counsel the court fixed a bond to the amount of 2500 for each man plea on the part of counsel for the was then made for the relea release i the men pending the deposit half the amount in cash with the clerk of the court after consideration the amount was increased to 1500 for each man so ended another session of court and the adjustment of a sentence which brought new hope to the convicted men we have since learned that the necessary bonds were prepared and executed which allowed jack crank and john chief to return to their homes while the motion for a new trial is being considered and the date set they left on sunday afternoon with dan K phillips who was instrumental in bringing the necessary collateral for their release to the court couett B |