The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1908-03-27

| llCh ID. NcCdIlIy anu Cne Barker
brothers, charged with several in
fractions Of the liquor laws We're
again taken up in Police Justice Joys
Court this week after two weeks
postponement owing to the change of
venue taken from Judge Scriber's
court to that of Judge Joy necessi-
tating wait until the latter had
recovered from an attack of small
poX.
The hearing of the first charge was
set for Wednesday afternoon at two
O'Clock in Judge joys office, but so
many spectators We're in attendance
that the circuit court room was re-
sorted to as more commodious
place for administering Justice
States Attorney Wood and Special
Counsel f. d. Bangs appeared for
the prosecution. Attorneys c. w.
Brown and Buell. G. Gardner repre-
sented the defense.
The first charge taken up was that
against P. B. Mccarthy, proprietor of
| Tie international Hotel, who, the
complaint alleged, had unla wfully
chstructed his saloon windows with
screens, etc, sothat a clear view of
the room was impossible
motion was made by the de-
fendant's attorney asking for trial
by jury, which was strenuously op-
posed by counsel for the prosecution
on the ground that the justice of the
peace had no jurisdiction as a trial
Judge in the matter, the size of the
penalties involved being such that he
could sit only as an examining mag
istrate. The division of opinion
brought forth a lengthy legal passage
at arms between the opposing forces,
both sides making frequent refer
ence to the statutes to bring out
points concerning the powers of
justice of the peace and the punish
ment that might properly be meted
out in case violation of the law
was shown clearly enough to convict.
| At the conclusion of the argument,
the court announced his decision to
be that he had jurisdiction in the
matter and would grant the request
for trial by jury
A jury composed of John C.
Haines, Frank Mcmahon, Ethan AL
len J. A. c. Seidenberg, Will Bla,
and Alex Duhamel was secured AM.
the taking of evidence commenced.
Rev. c. D. Royse and w. G. Max
well testified regarding the screens
in the Mccarthy saloon before court
adjourned for the day.
Not long after the proceedings
were resumed yesterday morning at
nine O'Clock, the prosecution sprang
surprise in the shape of an order
issued by Judge McGee Of the Circuit
court which put stop to the trial
until arguments concerning a writ of
prohibition asked for by the state
on the grounds that Judge Joy had
erred in his decision regarding juris.
dlction had been heard. Previous to
the serving Of the order, Chief of
Police Gum, George Mentch and Rev
n. r. Upton had taken the stand as
witnesses for the prosecution.
At hearing before Judge McGee
yesterday afternoon, the defense filed
demurrer against the issuance of
writ of prohibition and a motion to
quash was also made, but the court
after listening to the arguments of
the attorneys which consumed near
ly two hours, decided thatthe coun-
sci for the defense were in error in
| their conteition that a writ of pro
hlbltion was not the most adequate
remedy in the matter and stated the
writ would issue as requested by the
prosecutions
AS a result of the decision Judge
JOY will preside at preliminary
hearing at nine O'Clock this morning
and decide whether or not the evil
dence is sufficient to hold Mccarthy
to the circuit court.