Weekly journal-miner., 1916-07-19
SPOTTER AGAIN DENOUNCED
 IN COURT
ATTORNEY MORRISON, DEPENDING BOB BIRCH, DECLARES STATE WILL NOT GET CONVICTION.
(From Sundays Dailyl

! force the law when paid high wages, who, according to his own testimony, would give liquor away in violation of the State law, and who would then come to court as complaining wit ness in an alleged liquor law viola ton case, Attorney R. E. Morrison i bitterly cross-eXamined the first wit ness for the prosecution in the trial of Bob Birch, when the case came be- fore the July trial jury in the Superior court yesterday.
 Morrison forced Terry to admit that he had been hired by Sheriff Joe Young to get" evidence against men whom the sheriff named, the list in- cluding the name of Birch Bros. and Bob Birch. He had Terry answer questions that showed the latter to have been on the county payroll since April 20 at a wage of $ day, with an unlimited expense account.
 When Attorney Morrison asked the witness, point blank: Weren't youi instructions to make a case against Bob Birch?" confusion reigned. The witness attempted to evade the ques- ton, but admitted that he was given Birch's name by Sheriff Young.
 s. E. (Ed) Terry was the first wit ness of the prosecution in the case of State vs. Birch for alleged liquor law violations. Terry's evidence was to the effect that he had purchased from the defendant a pint bottle of what he alleged to contain "Old Taylor whiskey on the morning of April B, | between the hours of and } o'clock.
 For this, he claimed to have paid Sl5O.
 Otherwise, his evidence concerned other alleged offenses. Morrison ob- jected strenuously to. the introduc- ton of such as irrelevant and not re- lating to the charge specified in the information filed against Birch.
 When Ed Terry took the stand, Attorney Morrison for the defense, asked that all other witnesses be eX- cluded from the room. After the IA witnesses for the prosecution and. Is for the defense had been named, those present were sworn by the clerk of the court The witnesses were as signed the Elks' lodge room where they are to be in immediate call of all sessions of the court unless ex- cused.
 Sheriff Joe Young was present, and being a complaining witness, retired voluntarily after the question of his remaining in the court room was raised by the defense. The witnesses for the defendant were excused until Monday morning on the request of Attorney Morrison.
 First clash of counscls during tho progress of the case came when Joe Morgan, deputy district attorney, in troduced the pint bottle of whiskey, or which the charge hinges, for iden- tification by Terry. Attorney Morri- son objected on the ground that tht bottle was not proper evidence. His objection was ovcr-ruled.
 After the selection of the jury, which occupied the morning session, all of the other members of the panel were excused until 9 o'clock, Monday morning. Those who are hearing tho evidence are J. I. Anderson, Charles Harbcson, ]. Bozarth, T. Drain. r. E.. Howe, D. \. Jenkins, C. w. Wingcrt, Frank Christini, Frank Brink, Noah G. Rosenbcrger, R. Moshcr, Sr., and William Ritter.
 Other members of the jury panel are: James T. White, T. J. Hcady. George Drakulich, Fred lessen, l.. A Herb, Leo Eastburn, J. P. King, H. T.. Ahlrich, Bert Johns. F. G. Brown, II Ward. w. H. Morgan, F. A. Robin son, Bert Hall, Frank Munkillrich, E | I. Long, Ed. Pentland, Van Dickson. | J. C. Young, ]. II. Haselfeldt, A. $ Rudy, (. L. Rigden, Matthew Lee, w. w. Jones, C. A. Barber, J. O. Carter, C. w. Wingert, Homer HiXon, Oscar Philpcnny, ]. L. Howell. Tom Nc Sherry, John Arriola. Ed. Supple, J. II. Orthcl and F. D. Gilchrist In the examination of jurymen, 1t was found that Homer Hixon would be witness with the result that he was excused J. II. Orthel had an opinion and was excused until Mon day
 During the examination Attorney | Morrison for the defense strcnuously objected to Deputy County Attorney Morgan stating that it was the intcn- | ton of the State in the case to show series of violations. Morrison said The defense here says, that the State will not be able to prove the offense charged or any other offenses."
 When Frank Christini, of Clarkdale, was being questioned as to his quail | locations, he answered the deputy county attorneys query as to wheth- CT he knew the defendant, Bob Birch, as follows:
 Bob Birch was pointed out to me as county attorney one day this week, but l had always thought Mir. O'Sul- livan was the county attorney
 William Ritter, of Kirkland, in qualifying said that he was entirely neutral on the liquor question, both before and after the State went dry.
 Charles Kimball was sworn as bail | if 10 assist Thomas Marmont. court bailiff. in attending to the needs of the jury which must remain intact of outside influence throughout the trial The jurymen attended the Elks theatre last night and will be present at church services today if the differ ent members can agree to worship in thc same edihoe.
 Sleeping quarters have been provld- ed for the II iurymen and bailiffs at the Head hotel