Evening journal., 1911-11-21
GLASGOW
GETS HIS BILL
(continued from First page.)


make up his mind, and directed the
district attorney to furnish Mr.. Miller
with a bill Of particulars in the case
by 2.30 o'clock.
The Court then asked Mr.. Miller il
the defendant insisted on trial dur
ing the present term Of court Mr..
Miller replied that he did not, and
said he would ask for a postponement
until the next term.
Mr. Nields opposed the postpone
ment, stating that he considered MS
duty to try the case at once and lu
ther called the courts attention to
the fact that his term expires on De-
cember 10. and he wanted 20 close the
case before that time
Judge Bradford. however. was of
the opinion that Mr.. Nields would not
be removed from Office while the case
was pending. calling attention to a
similar occurrence while the late
Lewis c. vandegrift was district at
torney.
Judge Bradford at this point made
the statement that IN his opinion there
were many unnecessary applications,
and said that II did not strike him
that there was any disposition on both
sides to facilitate the case. He said,
however. that whoever there is 'any
serious doubt In a criminal case, the
defendant should be given a fair op-
portunity to prepare his defense. He
said he understood that ex-senator
Thurston, who is identified with coun-
sci for the defense. is III. and that Mr..
Fay very largely relies on him In tha
conduct OF the case. and because the
present term OF court expires on De
comber IL it would be necessary for
the trial to begin early, and he had
concluded not to require the jury TO
report at this term. The time set
for the Jury TO report was tomorrow
Il viii make an order to this effect
when the other matters are disposed
Of. said the Court.
Mr. Miller at this iuncture then ask
cd the Court TO dispose Of the motion
10 return to Glasgow his personal CT
fects. Mr. Miller admitted that the keys
TO the defendants trunk had already
been turned over to him. The court
then asked the attorney what else he
wanted. Mr.. Miller replied that he only
desired the motion disposed Of, and the
court ordered him TO file the motion.
which had not been done In court, but
merely with the clerk. and when this
was done the matter would be disposed
OF.
Mr.. Miller next brought up his mo-
tion to appoint a commission to take
testimony in the case of witnesses at
a distance
In the discussion il was brought out
that the defendant could have Wit
mesEes summoned at his own oX-
pense from anywhere between Della
ware and California and az the eX-
pense OF the Government within a
radius of 100 miles.
Judge Bradford said he imagined
the defendant could pay for the
transportation of any witnesses he
wanted, Judging from the array OF
counsel he had Tho court further
set forth that the defendant must be
faced by the Witnesses of the Govern.
ment and the Government has n,
right to secure testimony by deposi
ton.
This would be unfair 10 the de
fcndant he said He thought all wit
nesses in the case should appear u
court but said he would not pas
upon the question until after the de,
fendant had entered his plea.
StiIl Wears Stripes.
On the motion respecting the prisog
garb Glasgow must wear In the work.
house and the rules ne Is subjected to
in that prison. Judge Bradford claim.
ed il was foreign TO the case in court
and while he would probably refuse
the motion he would make no order
at present.
Another motion made by Mr.. Mill.
Ter was relative to the refusal OF The
clerk Of court to supply a copy o.
the proceedings in the case TO the de-
fendant
Judge Bradford said that the pro
ceedings would appear in the minute
of the Court, to which the counsel ha'
access, and IL there was any omis
sion. which Mr.. Miller intlmate
might have occurred. Court would b
willing 10 hear him at length. Judg
Bradford intimated that such a state
ment might be considered a gross re
Election on the clerk of the court
whose duty Il was to properly recor
the proceedings.
Judge Bradford said he doubted tn
propriety OF the statement made b,
counsel This matter the court ais
refused to pass upon at this time
Judge Bradford I'm discussion witt
Mr.. Miller told him that he migh
file a motion to the effect that th
moon was made Of green chese. II
certainly wouldn't admit such a mo
tim