Weekly journal-miner., 1914-09-16

, thoTItieS, the defenSe attorneys m the Clark graft case yesterday fired their first broadside of the battle now being waged with the Superior Court room as the stage. Unfinch- ingly. however, County Attorney P w. O'Sullivan withstood the on slaught and with an equally impress sive broadside of arguments created situation unparalleled in the his tory of criminal procedure in this county.
 A Sudden Stop.
 MT. Clinesmith come around and take the witness stand" commanded the county attorney as it became apparent that the formalities oi swinging into motion the wheels of justice, had been concluded. A hush fell over the crowded room. From several directions could be heard deep signs of anticipation. The defendant, unconcerned in demeanor wheeled around for moment. Clerk Farley fingered his pencil expect antly. Mir. Clinesmith arose from among the first row of spectators and made his way to the rail
 Just one minute, Mir. Clinesmith, said Attorney Anderson. The witness stopped. Mir. Anderson continued: 'If the court please, we object to the in troduction of evidence by the pros ecution upon the following grounds;
 At this point the attorney was requested to discontinue for mo ment, Judge Cooper excused tn, jury until ? D. m.. half of the crowd of spectators and witnesses in the court room followed out the twelve men with whom rests the fate oi the county road superintendent, and then was commenced a session, tho like of which has not been seen ir the local room for many years.
 The Objections.
 The objections to the introduction of evidence. were as follows: 1. Because Clark himself did no present the claims upon the county but that the claims were made upon the county direct by the bank. 2. Because the board has not tho authority to honor any demand sub mitted by Clark, other than tha ! for his own salary.
 }. Because the board had no au thority to pay the claim, because | 1t doesn't appear that the road was county road.
 4. Because the board had no au thority to pay the claim, the roat fund being exhausted so far a. the information shows. 5. Because the board had no au thority to pay the claim, becaus, road certificate never constituted claim against the county.
 6. Because the hoard had no au thority to pay the claim, becaus, the information does not show tha any men were ever hired by tn, board to do any work upon tin, roads of the county, nor does f appear that the board ever author ized any one to hire any men. /. Because the board had no au- thority to pay the claim. because tho affidavit was not verified either by the party who performed the worl or his, agent.
 s. Because no representation wa. ever made to the board by D. M Clark or his agents that he had pait or would pay any of the items an nexed to the demand. 9. Because it does not appear tha the work for which compensation was demanded was in fact perform ed.
 10. Because it does not appear that the county was not indebted to D. NJ. Clark to the full amour of the alleged false claim at tho time it was presented.
 II. Because it does not appear that the county has not received full value in work or other con sideration to the full extent of tho claim alleged to have been made.
 Motion Argued.
 The introduction of this motior led to one of the critical stages as counsel on all sides concede. Ali ter introducing the motion. Attor ney Anderson argued in its favor and Attorney E. s. Clark followed The arguments by these two attor- neys occupied the remainder of the forenoon.
 At ? o'clock the arguments by al, the attorneys had been conclud- cd and the motion was submitted to Judge Cooper for decision. Judge Cooper ordered a recess until 4 o'clock.
 At 4 o'clock the jury again came into the court room, the crowd re turned and a hush fell over the place as Judge Cooper mounted the bench. The sustaining of any but the first objection meant a death blow to the graft proceedings.
 Judge Cooper announced he was that the motion was too important to permit an imme-