The Alaska daily empire., 1921-10-22
SHOUT WINS IN
 OPENING ROUND
 OF LEGAL TILT
Defense Loses Motion to Set Aside Nelson Indictment
 Trial Next Week.

Defeated in efforts to ina lOOp hole in the indictment charging hin with murder in the first degree George c. Nelson this morning en tered a plea of not guilty to th' charge in the |. s. District Cour before Judge T. M Reed. Trial O the case was set for Tuesday or Wed nesday of next week.
 District Attorney A. G. Shoup wor the first round in the legal tilt against James Wickersham and J w. Kehoe. attorneys for the defense when he successfully argued against motion to set aside the indictment before Judge Reed last night The motion was based on alleged irregu larities on forming the Federal Grand Jury which returned the indictmen. against Nelson Three were claimed one that H. R. Shepard was not au- thorized to act as Jury Commission CT; second, that in filling the regu- lar panel with a special venire, the Clerk of Court had drawn the names of the talesmen from the jury box, which, it was alleged. he was with. out authority to do; third, that Charles J. Skuse, member of the Grand Jury, was not qualified to sit thereon, by reason of previous jury service. H.r Holds Night Session
 In order to facilitate matters. Judge Reed heard the motion and arguments at a night session yester. day Attorneys for the defense ar gued at some length and presented many authorities. District Attorney Shoup recited the motion for the gov ernment. Judge Reed indicated last night that he would probably deny the motion but took it under ad- visement at that time until this morning. The defense last night filed demurrer which was presented without argument.
 Court Denies Motion
 The court this morning, in an oral decision, denied the motion of the defense to set the indictment aside, and overruled the demurrer. excep- tions being noted in both instances by the defense Nelson, little later, was brought into the court room and entered a plea of not guilty He ex- hibited more control of himself than when last before the court, showing no signs whatever of nervousness and speaking in a low tone, which, however, was audible throughout the room.
 Witnesses Due Soon
 While the trial was fixed to open next Tuesday it was stated that it would hardly be reached before We'd nesday. Witnesses for both the gov ernment and the defense are expect cd to arrive on the Spokane.
 Two Are Sentenced
 Two sentences were pronounced by Judge Reed this morning, H. Wes cote was sentenced to serve 16 months in the local Federal jail for obtaining money under false pre- lenses. Gerald Robertson was sen tenced to two years in the Federal penitentiary at McNeils Island for larceny in dwelling.
 William Watson. native. pleaded guilty to an indictment charging em bezzlement by bailee. Judge Reed said he would sentence Watson next Wednesday.
 Order flor separate trials of AL bert Larson and Ray Hightower was pranted by Judge Reed. Alleging fir rngularities in the form of the in dictment and asking for more time to study the matter. J. H. Cobb, at. forney for Larson. was given until Monday to move against the indict- ment or otherwise plead.
 hiohtower Case Monday
 Ray Hightower, represented by Jndge J. R. Vim. appeared before Judge Reed this afternoon and en- tered plea of not guilty to the crime of larceny. for which he was indicted several days ago by the Fed eral Grand Jury. The charge grew out of Hightower's alleged imp ica- tion in the footing of the safe le- posit boxes at the Kentucky.
 Tutoy Ia Acquitted
 The jury in the case of the U. S. vs. Joe Tutoy. charged with break ing a window in building not his own, returned verdict of not guilty and the defendant was ordered turn ed over to the city officials yester- day afternoon late The case occu- pied the entire time of the court yes terday. Tutoy was rScently sen- fenced to serve 30 days in the city jail for being drunk and disorderly. He was represented in the District Court by Grover c. Vim.