Courts; Indian/White Relations; Federal Government; White Mesa Utes
Denver, Colorado; Utah
White Mesa; Paiute
Judge Lewis Rules That a
Prima- Facie Case Has
TRIAL IS ADJOURNED
Jurors Favor Delay and the
Proceedings Are Postponed
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
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.
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
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 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.
Digitized by: J. Willard Marriott Library, University of Utah