The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1909-01-16
FRANCE SK|PS OUT
TO NEBRASKA
Judge Mcmahon Compelled to Dis
miss Cases Owing to Queer Absence
of Prosecuting Witness, William
France, Who Has Flunked Now in
Four Criminal Cases.

After being continued twice, the case
against Frank Van Marlin, known as
''The BOer," charged with renting his
State street place for Immoral pur-
poses and that against Mrs. J. A. Graz
ham and Miss Marie Borem, charged
with being habitanfs of such "A place.
was dismissed for the want of prose-
cution.
The case was called for O'Clock
this morning. Judge ". w. Mcmahon
had appointed owen Crumpncxer to
try the ease, but Mr.. Crumpacker
pleaded that he was sincompetent. and
was released.
At o'clock Judge W. w Mcmahon
telephoned TO Prosecuting Attorney
Charles Greenwald and Deputy Prose-
cutting Attorney John F. Sawyer that
the case was coming up. Sawyer was
in the lobby of the court house at
10 minutes after 9 looking for the
witnesses in the case when some one
told him that the case against THE
Boer" had been dismissed for the want
of prosecution.
Seemed Much Surprised.
He went into the court room and
asked Judge Mcmahon if that was
true and received the confirmation of
the report He seemed much surprised
to learn that The Boer" had been
dismissed without his knowledge and
almost in his very presence. Prosecut-
ing Attorney Charles Greenwald en-
tered the city court room not later
than 9:15 and seemed very much sur
prised to find that the cases had been
dismissed
Affnrnaxr
the defendants, at once moved that the
cases against Mrs. ]. A. Graham and
Miss Marie Borem be dismissed He
said that the prosecutor and his deputy
being present Mr.. Conroy said if one
case was dismissed the other ought to-
be for the same reason.
Ready to Try Cases.
Judge Mcmahon signified his inten-
tion of trying the cases Attorney Con.
roy stated that If the case went to-
trial he wanted to take g change Of
venue. Judge Mcmahon asked Attorney
Greenwald If the state had its wit
nesses.
Mr.. Greenwald said that Mr.. william
France, the principal witness for the
state, was in Nebraska. where he would
probably be for q month Mr.. France,
Dy the way, is the man VINO was the
prosecuting witness in the case which
was brought to trial recently in the
Lake superior court against Bob Grant.
The Grant case was dismissed for the
want of prosecution. France was not
present at this case, either.
Attorney Greenwald stated that s
soon as France returned from the
west the case could be taken up again
and tried. Accordingly the motion of
Attorney Conroy, that the cases against
Mrs. J. A. Graham and Miss Marie Bor-
EN- be dismissed. was approved by
Judge Mcmahon.
Mr.. Greenwald stated that there was
nothing to prevent the defendants from
leaving the jurisdiction of the court
in the meantime and he intimated that
this solution of the problem would be
as good q one as any other
what About This Frances.
Before the cases can be brought
against the defendants again It will be
necessary for William France TO swear
out other affdavits. The probability
of the cases coming to trial again
depends on the inclination Of Mr..
| France to insist on prosecution, or,
possibility. on the frequency with which
Mr.. France takes trips to Nebraska.
These cases make four criminal ac-
tions, out of which France has fiunked.