Omaha daily bee., 1911-01-01
ARTHUR MULLEN HAS BAD DAY
Loses on Every Proposition He Pre-
sents TO Referee Evans.
BOOKS HELD PRIVATE PROPERTY
Referee Holds that Physicians Aft
davit that Man f. sick is sufh-
eient. Despite Protest Of At
tsrney General MuIIeH.


Losing every point for which he con-
tended in Saturday mornings sitting Of
the Donahue custer hearing, Attorney Gen
sral Arthur Mullen, who Is prosecuting the
Omaha chief Of police for the state, at the
close Of the sitting found that he had
made no headway since the opening At $50
o'clock in the morning.
Adjournment until January p at 10
o'clock IN the morning was taken at noon.
Referee Evans and the parties and attor-
news in interest having agreed upon con-
tinuance Referee Evans has an important
criminal case coming on for hearing In
WAYNE. Neb next week. Attorney Gen
ernl Mullen must look after business In
the Nebraska supreme court beginning
next Tuesday. and several important cases
which will demand the attention Of W. J.
ConnelI. attorney for Chief Donahue, come
on for hearing in the Douglas county dis
triet court early In January.
The first defeat of Attorney General
Mullen came when Referee Evans refused
Mr. Mullen's request for a bench warrant
for w ]. Boekhoff. LIQUOR dealer selling
beer BY the case, who is confined TO his
bed with what is believed to be pneumonia.
Mr.. Mullen expects 70 show by Boekhoff
that the liquor dealer has sold beer to pro
prietors Of resorts.
Pbysician's Certificate.
Attorney Il. q. Burbank appeared for
Boekhotf and flied an affidavit Of Or. o.
!, Hoffman, who is attending the man, to
the effect that he Is seriously III and un-
able 10 leave his bed. Referee Evans said
that in the face OF such a showing he
would issue no bench warrant. The war
rant would have the effect Of causing
Boekhoff to be arrested and brought bodily
into court.
SIN dissatisfied ar Mullen asked an
order commanding Boekhauf not to leave
the jurisdiction of the court. Mr.. Burbank
said his client has no disposition to leave
and suggested that II he attempts to do
90 the referee very easily can prevent such
an action and summarily punish the man.
Referee Evans said he does not believe
Boekhoff contemplates running away and
refused the order.
The second defeat for the attorney gen
sraI came when Referee Evans sustained
the objections OF Mr. Council, the chiefs
attorney. and Isidore zegler, attorney for
John Nittier. a witness, TO the offering In
evidence OF Nittlers account books
Mr.. Mullen placed Nittler on the stand
Friday afternoon. made him produce his
accounts, and was about TO offer them In
evidence when Ziegler objected. Nittler
was recalled Saturday morning after argu-
nents had been made. Mr.. Mullen at
tempted 20 Introduce the books in evidence
10 show that Nittler, who is seller OF
beer by the case. has sold large quantities
OF beer In the resort district Referee
Evans sustained the objections TO the offer.
Mr.. Zeiglers objections were made on the
grounds that businessmans records OF his
business are privileged matter; that they
are private property. and that under the
law they cannot be thrown open to de-
eide any case in which the owner OF the
books is not a party in interest. Ziegler
cited several supreme court decisions in
support of his objections.
Books Private Property.
The remainder OF the sitting was occu-
pied by a battle between Mr.. Mullen on
one side and Messrs Connell and Ziegler
on the other on the question whether or
not Mr. Nittlers statements regarding his
sales could be admitted in evidence when
the only basis for them was what he read
out of his accounts. Mr. Mullen was de-
feated. Referee Evans questioned the wit
ness himself to determine whether after
looking over his books he actually remem-
bered the sales or simply depended wholly
upon the books. He said he depended upon
the books, as his men MADE the sales and
the referee ruled that he could not answer.
Mr.. Mullen during the sitting maintained
his belligerent attitude toward Messrs.
Connen, Burbank and zeigler Once he
jumped up and shouted:
Your honor, am | to be harassed and
annoyed by these outside butters-in, or am
l TO be allowed 20 try this case? If they
are TO come in insist that they be en-
tered as attorneys for Mr. Donahue.
Referee Evans said he thought attorneys
for witnesses had a right to be heard
Mr. Mullen placed Louis Metz on the
stand and tried to force him to admit thai
beer is retailed at the brewery.