Evening journal., 1915-02-04
state loses TWO
OF O'NEAL Gases
Judge Churchman Rules Evi-
dence Does Not Show
Violations of Law
ARGUE OTHER
CASES ON THURSDAY

Two of the four cases against James
c. O'Neal, property owner and politi-
clan, who has been on trial in City
Court for the past two days, charged
with keeping houses Of assignation,
fell this morning. That in which the
house at No. ia French street Is in
volved was dismissed by Judge
Churchman and the State abandoned
the prosecution of the one in which
No. GIG French street figures. In the
cases in which the defendant is &C
cused of keeping houses of assignation
at Nos. 504-06 King street, Judge
Churchman asked for briefs from both
sides. The court will hear argument
next Thursday.
In the case in which the house at
No. TIA French street is concerned,
Mr.. ONeal was not called on to make
a defense, the court sustaining the
action to dismiss, made by David j.
Reinhardt and J. Frank Ball, counsel
for the defense.
Judge Churchman held the evil
dence to be insufficient and defective,
saying the State had failed to prove
material points necessary for the sup
port of its charge.
81 must decide cases on the law
and evidence under the pules of evil
dence" the court said. 81 am bound
to do so on my oath. In this case
the State proved that Harry Griffith
and one Tulley together with two
women, May Clark and Elsie Rob-
erts went to the house in question
late at night. II also established the
notice which prompted them in going
there. namely to eat sandwiches No
Illegal acts are shown 70 have taken
place within the house. There is no
evidence 10 connect the defendant.
II is not even proven he went there
to collect rent. The. evidence not
only does not raise a reasonable
doubt. but creates no doubt at all as
to what should be done. Let the case
be dismissed"
Mrs. Lillian Watson was the first
witness for tho State called today in
the case of the house No. 616 French
street. She said she has lived a,
the house eight weeks, and paid rent
TO the defendant.
Several questions asked by Mr.
Lynn were objected TO by Mr. Rein
Lardt as misleading and were strick-
en- out by the court.
The State managed to get in the
testimony that the woman has q
friend in Elwood Wright, Of No. 30S
French street.
Cross-examined by Mr.. Reinhardt
Mrs. Watson said she works daily n
a waitress and did not rent from Mr.
O'Neal for improper purposes.
Edward Wright was next called
and said he had known the womal
for four years. He declared his con
duct with her has been proper.
Mrs. Maude Kenyon, who does no
live at the house, said she had see
cigarette smoking in the windows o
the house in the day time.
Mr.. Reinhardt was about TO cross ex
anime the witness when the court wa
given a surprise.
"We will abandon this case" MI
Lynn announced.
Let the charge be dismissed" Judg
Churchman said.
Mrs. Mary Faldon, who said she
not living with her husband. was tn
first witness called in the case yester
day afternoon, charging the defendan
with keeping a house of assignatio
at No. 5O4 King street.
The witness said she lived at tn
house, but denied improper conduc
She denied making a certain state
ment. said TO have been secured b
Deputy City Solicitor John F. Lynn i
the presence of Chief of Police Blacl
Detective Wardle and Detective Ber
son. She declared Mr. Lynn frighter
ed her and branded as false the state
ment attributed to her.
Mrs. Faldon, didn't 1 tell you
have known you since you were lii
tie girl and wanted you to tell me til
TRUTH Mr.. Lynn asked the witness
eyes, sir" the woman answered.
Detective Benson told of watching Il
house from the third story of hou
across the street. He said he had se'
four men 90 into the house on the mig
Of January 10, and also observed MI