The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1902-10-14

IN ordinance which undertook to YES; the Board
Of Health with power 70 contract with reference
70 public work. and the ordnance being void for
want Of authority in the Municipal Assembly TO
pass any ordinance FOR such purpose. the matter
OF passing upon bids for the Board OF Health for
any action. vote or decision ofits members.
:. The Indictment shows that the ordnance was
void because It merely evidenced an attempt to
delegate 10 the Board OF Health the legislative
powers of the municipal Assembly. and 20 vest
the said board with unauthorized functions. and
the ordinance having heen void there was moth
INK covered bv Its subject matter which could be
by law brought before the Board of Health for
action on the pa-t % Its members.
The Indictment does not aliese that The con
tract sought 20 De authorized by the ordnance
was 10 be made Tor md IN the name Of the city
OF s. louis. but merely shows contract 70 BE-
made BY the Board OF Health In their own behalf
The indictment does not allese that either
the St Louis Sanitary Company OF any other
concern had IN contemplation bid or was about
70 bid upon the disposal of garbage by the @erz
process. but merely alleges that the Defendant 50
averred- Il has not even been alleged That ths
defendant - averrel TO the officer whom Il Is
asserted he unlawfully approached Henee the
Indictment does not show that there Vas any pos
si5lity Of the sanitary company making a I'd
g. The Indictment is repugnant and InSsnsibls
and does not state facts sufac.c7t 20 c0nstituts
an oHense under the laws q this stase-
BFugioad OF Law.
Mr. Folk took until tomorrow morning
to. consider his reply TO the demurrer. He
said that he was ready with briefs on the
points involved. but that he had noticed his
opponents ready with authorities IN the
Ghape Of books. He also desired TO produce
the books.
He went TO the State University Law Ii
brary late in the afternoon. and a couple
OF hours later two dray horses. driven by
a huriy negro. were hauling a box fun OF
massive volumes 10 the Gordon Hotel. These
are. fguratively. 10 be unloaded on the
Judge tomorrow.
The next action expected Is the arguing
OF Mr.. Folks motion for 4 special-jury
venlre made Immediately after the demur-
rer was filed to-day. a special venire viii
be opposed by the defense. and the argu-
ment vii! be necessary to decide II.
A motion TO continue the case IS then eX-
peeted by Sir. Folk. though the attorneys
fer the defense. with perhaps the exception
OF Charles p. Johnson. who reached Column
bia to-day. have refused 20 say that they
will take this course
Judge Krum said that their action would
depend upon the opinion rendered by Judge
Hoclsaday. on the demurrer. Johnson n>e-e-
" hinted At the likelihood Of a continuance
being sought.
The Butler boys have said that no delay
was contemplated. while Colonel Ed But
Ter has refused TO discuss this point
MiSinE Witnesses.
The absence OF five Of the defendants
witnesses would be the basis OF an appH-
cation for continuance These men are
James II. Mccarthy OF the st. Louis Trans
fer and Hauling Company, James Campbell.
the broker! Robert J. Carroll. J. 3 Sum
mers and fifth named Turner. These are
all reported 10 the Sherln as mot found
In asking a continuance on the ground
that witnesses are absent the defense would
be compelled TO declare what the abseutees
could swear 10. The value Of this in the
case must be clear Mr. Folk intends 10
fight for an immediate trial. as the State is
ready and anxious to proceed.
CampbeITs Cashier.
Several surprises were developed in the
appearance on the ground OF persons TO
figure as witnesses whose connection with
the case 81 altogether conjecture. William
r. Reed. Jim Campbel-s cashier and "con-
fidential man. deharked from the St. Louis
train with bag and baggage, and is 20 take
the stand for Butler
Z. a. Bell is q States witness. concerning
whom Mr. Folk maintains complete si-
lence. Two young women are on hand
Miss Ella Vaneil and Miss Tillie Battan
They are the Circuit Attorneys witnesses
and as to just who they may be and what
they will swear 10 Folk prefers to he re-
served.
Judge John \. Hockaday reached Colum-
bia at l.50 p. m his train being late he
went direct TO the Courthouse. He conducts
business with a dispatch that would be con-
sidered a very rapid pace even in city
circuit court BE pushed his way through
TIE crowd which had already assembled in
the Courthouse. took his seat AZ the bench.
and Immediately ordered the sheriff to pro
claim the Boone County Circuit Court in
session.
The courtroom was jammed with Boone
County farmers and citizens OF Columbia.
Some Of the former composed the regular
jury panel but the majority were specta-
Iors interested IN the Bltler case.
For Special VenIre
The Judges first official act OF the term
was TO charge the regular panel Of jurors
and outline their duties. AS the Butler case
was first on the docket 1t was called. The
members OF the ST. Louis bar present were
formally introduced 20 the Judge by Rich
ard h Gentry. one OF BetleTs counsel The