Omaha daily bee., 1919-06-17
CLASSES RAID
AS TRESPASS ON
OWNERS R RIGHTS
Court Rules Testimony Fails
to Show Any Evidence Of
Wrongdoing at 2106
Cass Street.
CONTINUED From Page one.)

ter in my court" declared Judge
Holmes. Have you never heard
the story of Mary Magdelene?" The
court asked the two insistant prose.
cutors.
1t was a bad day all around COR
the prosecution. Judge Holmes at
the outset insisted that the prose III
ticn speed up, and stop sparring for
time. When the state had con-
cluded its testimony, Attorney Mag
ney and the judge asked for the
report referred to last week by
Captain John T. Dunn. and in which
Captain Vanous stated that the
Brown flats were watched six nights
and nothing wrong observed.
"I move for a dismissal of this
case on the grounds that the prose
cution has not made a case" said
Attorney Magney.
Where is that report that was
referred to ?" asked the judge. as
there anything to conceal in this re-
port? Does the witness refuse to
bring the report in. l recall that
witness testified that the Brown
place was observed six nights be-
fore the raid and that the officers
did not see anything wrong"
1--WE thought that the opposing
counsel were men of integrity and
that they would bring the report in
as they had promised replied At
torney Magney.
Failed to Prove Case.
In support of his motion for dis
missal Mr.. Magney said: 1T is my
firm conviction that the state has
rot proved its case"
During a discussion on the mo-
ton for dismissal the followinging
dialogue ensued:
Judge Holmes: "Mrs. Brown is
charged with a serious offense and
she is entitled to the benefit of any
doubt. Isn't it incumbent upon the
state to prove beyond reasonable
doubt that she had knowledge of
the things charged in the COM
plaint?"
Attorney Magney: Detectives
Armstrong and Herdzina did not
testify to the same facts, although
they were together at the time of
the raid. I can't reconcile their
testimony. Is this the best the city
car do, to go to Iowa for witnesses
to appear in a misdemeanor case?
The states case is himsy and weak.
l am within my rights when l in
sist that Mrs. Brown be dismissed
here, and now"
Prosecutor Mossman: 1T is wrong
to infer that either Armstrong or
Herdzina lied, because they hap
pened to differ in their evidence as
to whether a woman wore slippers
or whether she was barefooted. 1t
may be that these men are not used
to seeing women in dishabille."
Judge Holmes: There hasn't been
any evidence of prostitution; there
may have been some indiscretions.
There is something about this case
I don't understand. The officers
who made the first investigation
we're there week and fohnd moth
ing wrong, according to the report.
Then two other men were sent and
they used their own construction on
what they believed constituted an
illgoverned house. Nothing has
been shown in the testimony that
Mrs. Brown had any knowledge of
the character of the tenants, and
it seems strange that these officers
took the word of the so-called in
mates, as to who was the keeper
of the place. 1t was said many
years ago that every mans home is
his castle. What was the cause of
the officers going to this wouan's
home and taking her out of bed?
1t seems to me that these officers
unlawfully trespassed on the rights
of this defendant, when they arrest
ed her and took her to the police
station. Whether or not it was a
disorderly house, seems to have
been left entirely to the discretion
of the arresting officers"
Prosecutor Mossman: Why does
the court ignore the presence of men
and women in a room together at
80 a. MP"
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