The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-04-14
CONTINUANCE Is GRANTED IN
GAMBLING CASES.
On THE PLEADlNCS
Defendants Attorney Demurs to Com.
pIaint-AlIeges Not Sufficient
Facts Are Charged.

From Saturdays Daily Gazette.
Justice Mann's court was flied this
morning with a crowd of men who
had been drawn thither by the expec-
tation that the cases of those arrested
during the recent raid for violation of
the gambling laws would be heard.
All OF the defendants were or hand,
as were also the witnesses, and these.
with the spectators, crowded the lit
tie room to It's utmost.
County Attorney Harris appeared
for the prosecution, while F. H. Hath
horn was on hand to protect the inter-
ests of the defendants.
The first case called was that OF
Claude Parker. Before anything fur
Their could be done Mr.. Hathhorn SUBJ
mitted a demurrer to the complaint.
In it 1t was alleged that not sufficient
facts had been set forth in the com.
plant to constitute a public offense
under the laws of the state.
Mr.. Harris wanted to proceed with
the arguments on the demurrer, but
Mr.. Hathhorn said he did not have
time and asked for a continuance.
Mr.. Harris objected to this, saying
that the witnesses had been summon
ed and it would be unfair to them to
compel their attendance at some other
time, when the matter could be set
tied then as we'll as at some future
date.
This brought out the suggestion that
the dispositions of the states wit.
nesses be taken and filed, pending
argument and decision on the demur-
rer. Objection was made to this by
the states attorney on the ground OF
likelihood of imposing costs upon the
county without any resultant benefits.
In case the demurrer was sustained
the dispositions would be useless and
the county would be mulcted needless
ly.
After different propositions had
been made by both sides a compro-
mise was finally reached. MI. Hath
horn consented to withdraw his de-
murrer on Mr.. Harris offer to agree
to a continuance until May 8, after
which date both attorneys will be
through with their business in the
district court.
While MI. Hathhorn accepted this
proposition, he gave notice that when
the case of Parker was called he
would still insist upon a dismissal on
the same ground alleged in the demur-
rer, the only difference being that in
stead of a written objection he would
make one orally. TO this the prose-
cutor said he would not object.
AS the same attorney appears for
the remaining defendants, the other
cases were likewise continued and it
tried at all will be heard in the fol-
lowing order: May 8, 10 a. m, State
VS.. Claude Parker; May 8, 2 p. M,
State VS.. w. H. Conway; May 8, 10
a. M, State VS.. Minder & Balm; May
8. 2 p. M, State VS.. Fogg & Watkins.
In Fraser's Court.
S~ubpoenaes were ordered issued
this morning in Judge Fraser's court
in the cases of the remaining defend
ants who were arrested at the same
time that the men whose cases are
pending in Judge Mann's court were
taken into custody. Their hearing has
been set for April IA at 10 a. m. AL
though not so stated officially, it is
very likely that a continuance will be
had and these cases will not be heard
until after those in the other court
have been disposed OF.