Page:Bench and bar of Colorado - 1917.djvu/27

Rh so to speak, with the inauguration of the territorial government and with the new government taking no cognizance of the courts which had existed before the organization of the territory, it was but natural that some time should have elapsed before an appeal was taken to the Supreme Court.

The first case to be decided by the Supreme Court was appealed from Park County. It was the case of Gardner vs. Dunn; an action in forcible entry and detainer, begun originally before one of the Park County justices of the peace, appealed to the District Court and thence to the Supreme Court.

The first criminal case to occupy the attention of the Supreme Court was one of the most celebrated murder cases in the early history of the state. William Franklin, known as "Billy" Franklin, had been sentenced to be hanged by the District Court of Gilpin County. His attorneys appealed upon the ground that the indictment, upon which he had been tried, failed to name the territory in which Gilpin County was located and, therefore, was void. The Supreme Court took the same view of the case and reversed the sentence of the District Court.

Franklin never was tried again. Released upon bail, he reported at the Gilpin County courthouse at every term of court for many years, fully expecting to be placed on trial again. His periodical visits to the courthouse gave rise to a standing joke among atttorneysattorneys [sic] and court officials. Whenever Franklin made his appearance, they would say, "Here comes Billy Franklin to be hanged again." The records do not disclose why Franklin never was placed on trial again. He was a very popular man and public feeling was greatly in his favor.

That clause in the enabling act providing that the territory's three judges should sit separately as district judges and jointly as a supreme court, was the cause of many extraordinary situations. Sometimes the associate justices would join forces and reverse one of the chief justice's opinions, rendered by him as district judge. Again the chief justice