| OCR Text |
Show Judge Lewis Rules That a Prima- Facie Case Has Been Made. TRIAL IS ADJOURNED Jurors Favor Delay and the Proceedings Are Postponed Till Monday. Judge Robert E. Lewis of the federal district court this morning decided that the government had established a prima facie case against Tse- Ne- Gat, alias Everett Hatch, the Ute Indian brave on trial for the murder of Juan Cha- con, Mexican sheep herder, and that the Indian must rebut the evidence of the state. The Judge, therefore, denied the motion of the defense for instructions to the Jury to return a verdict freeing the prisoner. The motion declared that the evidence was entirely circumstantial and insufficient to establish a probability of guilt. At the opening of court, the defense recalled three of the Indian witnesses. The judge then referred the proposal of adjourment to the jury, and the twelve men unanimously favored delay till Mon- day, which he granted. INDIAN POLICEMAN ACCEPTS THE STAND. The activity of Caromet, an Indian policeman on the Ute reservation and reputed a member of the Old Polk gang. Formed the basis of this morning's cross- exminations by the defense. The line of questioning indicated that Caromet will say John Miller and Bob Johnson told differerst stories to him than they did on the stand. Bob Johnson denied that he had told Caromet he did not see the Mexican or the prisoner the day of the murder He said that he had told Caromet, he would not tell his story then, but would do so at the time of the trial. Bob Johnston's description of the Mexican's horses was substantiated by John Miller. Miller entertained the court by a description of a god dance, which he said usually lasted much of the night. White men could see this dance, he said. Attorneys for the defense said they had not yet planned what course they would take. Their most difficult problem will be to reconcile their contention that Hatch was not on the reservation when the Mexican was slain, with statements of five lndians and two whites that Hatch was in the neighborhood of the crime the day it happened. |
