The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1913-08-22
Charged With Interfering With
Officer by Chief of Police
Richard Rice.
WILL BE REARRESTED
AND WANTS JURY TRIAL
Developed That Jury for Service in
Municipal Court Has Not Been
Drawn Under Provisions of New
State Law and Matter Must Stand
Three Months.

erly game warden at large for the
state game and fish commission, and
now engaged in an independent en-
forcement, of the state game and fish
laws with the authority of deputy
sheriff recently conferred upon him
by Sheriff Meining at the request of a
large number Of influential range res
idents, was dismissed in the Virginia
municipal court this morning on a
charge Of interfering with an officer
preferred by Chief of Police Richard
Rice.
He was represented by Attorney
Joseph Austin, of Chisholm. He will
again be arrested on the charge as
his dismissal was on the ground that
the complaint was improperly drawn
in that it did not state a cause of ac-
tion or specific offense covered by
any statute Of the state of Minnesota
or ordinance of the city of Virginia.
1t was the original intention to have
him re-arrested at once and brought
into court this afternoon. Attorney
Austin then stated that he would de-
mand jury trial for his client, and it
was then discovered that under the
provisions of state law which pro-
vides that juries for service in munich
pal courts must be drawn four times
a year, and that the last date for
drawing-which by the way was also
the first under the 1913 statute-had
passed, and jury cannot be summon
ed before the second Monday in No
venber, The jury must be drawn by
the mayor, city clerk, and other off,
Gals, and owing to the fact that the
statute carrying the provision became
effective only on July /, last, and that
requests for jury trial in municipal
court are infrequent, the matter had
been quite overlooked.
Chief Rice was disappointed at the
outcome, while he has manifested no
undue disposition to push the case.
He stated this m1.ning that he would
have Wood re-arrested on the charge
just as soon as a jury was available.
There were several asides between
Wood and Chief Rice following the
dismissal of the matter which did not
tend to a reconciliation.
Wood was arrested several weeks
ago when he went to the police station
following the arrest Of an Indian for
having liquor in his possession. Chief
Rice alleges he suggested to him that
for a ten-dollar bill he could get
enough evidence to land the people
who were selling the liquor to the In
dians in jail. Rice indicated to Wood
that he did not want him about the
station, and that he considered his
suggestion in the nature OF bid for
a bribe. There were words and Wood
was told to leave the station. He de-
clined to do so and was jailed. Friends
promptly furnished bail for him and
the charge of interfering with an off,
Ger was lodged against him. Wood
declared at the time he would fight the
case to finish, and made good when
he showed up this morning with At
torney Austin to defend him. The
case has been twice adjourned for var
ious reasons.
The same rule with regard to jury
trial that held good in Woods case
this morning holds good with any
case that may be brought in munich
pal court within the next three
months. Any defendant anxious to
secure delay can demand jury trial
and according to the Interpretation
of the lawyers present at the Wood
hearing this morning he cannot be
tried for three months, or until the
next period fixed by the law for draw
ing municipal court jury has passed
Chief Rice was sworn and was un.
der examination this morning when
Attorney Austin's motion for dismis-
sal was sustained by Judge Carey, on
the ground that the complaint was. de.
fective. Attorney Morgan said he
had prepared another complaint Gov.
ering the matter, which was the one
under which he had intended tx
plead. It could not be found this
morning.