The daily sentinel., 1909-06-29


clared that il was simply clerical
error and that in such cases the de-
fendant did not have to be served
with a certified copy unless he de
manded it and he had not demanded
il.
Then followed sharp words be-
tween Attorneys McClintock and
/ Welsh. the latter declaring that Nc
Clintock had given him the copy of
the information with the date of
June -. therein. in open court and
McClinock maintained that he had
not done so.
Then Attorney Fry formally made
motion that the jury be dismissed
and the defendant discharged on the
grounds that the certified copy of the
information furnished by the county
clerk and given to the defendant
charged him with committing an Of
fense on June ! 3, that the defendant
had believed that this was the infor-
nation on which he was to be tried
and that he had waived the reading
of this information, yet in his open
ing statement the deputy district at
torney had stated to the jury that the
defendant was to be tried for an Of
tense committed on June 4. when
the defendant had never been ar
raigned for trial for any offense com
mitted on June 4.
Mr. Fry set forth that in the copy
Of the information held by the dep
uty district attorney the word "Thir-
teenth" had been changed by pen to
read Fourteenth.
Deputy District Attorney McClin-
took objected 10 this motion on the
grounds that the defendant had not
demanded or requested copy of the
Information, that he had expressly
waived the reading of any informa-
ton, had entered a plea of not guilty
to the charge made in the informa-
tion and that the defendant in waiv-
ing the reading of the information
and entering a plea of not guilty had
waived any rights of objections to
the nature of the information that he
might have. The deputy district at
torney further declared that the
change in the dates was made before |
the information was sworn to-
Judge Sullivan overruled the mo-
lion to dismiss and ordered the trial |
10 proceed. The attorneys for the de-
Tense took exceptions which indi- |
Gates that in case of a conviction in |
his court an appeal will be taken in |
he case.
Deputy District Attorney McClin- |
ock then outlined the case of the |
against Powell, stating |
hat only four witnesses would be in |
reduced .IShultz. Hoodenpyle, Chas |
and Chief of Police Wat |
ion. The prosecution would prove
hat on the afternoon on June IA. |
Powell sold to Shultz one pint of
iquor, Hoodenpyle was with Shultz |
vher the purchase was made, Nc |
Arthur from a distance, saw the pur-
'hase made and to Chief Watson
'hultz delivered the whiskey
The appearance of Straud NJ. Logan |
rs one of the attorneys for the prose
'ution, having been employed to as
'ist in the prosecution, created quite
1 stir in the court room. Mr.. Logan
lid not come in until the trial was
we'll under way. With two attorneys
On each side the case was made a
lively one from start to finish
The defense announced that it had
no witnesses with the exception of
Doc Powell and the witnesses sum
moned by the prosecution.
Shultz. the star witness for the
in all of the gambling
and Bookkeeping cases. took the stand
as the first witness and testified that
Powell on the 18th of June and that
on the l4th Powell told him he had
some whisl1ey and that he tShultz)
later in the afternoon went to the
barn on the alley between Main and
Colorado and between Fourth and
Fifth streets, where the horses that
Powell drove to a bus for a hotel
were kept There he secured, he
said, one pint of whiskey in bottle
from Powell and paid Powell for the
whiskey in the presence of Hooden-
pyle who was with Shultz The wit
ness declared that he met Macarthur
before going to the barn for the
whiskey, asked Macarthur to go to the
Pastime with him to get cigar, that
they started down the alley and he
left Macarthur in the alley while he
went and got the whiskev and Nc
Arthur saw him go to the barn and
get the whiskey from Powell
Shultz admitted that he had been