Weekly journal-miner., 1922-09-27
BURGE TRIAL
 SET OVERFOR
 NEW EVIDENCE

 the Enge murder defendants, will not go to trial until the next term of court.
 Judge Sweeney yesterday granted a continuance on motion of O'Sulliyan & Morgan, the defense attorneys, who, in pleading the motion, revealed that an alibi will be urged as Burgess defense against the accusation.
 Just when the case will be tried could not be fixed definitely yester- day, although County Attorney Sul- livan, who argued against the con tinuance, asked the court to set a date. A reasonable time, Judge Sweeney said, would elapse before the second Enge case comes up. The condition ol the docket-at this mo- ment entirely free from felony cases pending and with only one small misdemeanor case awaiting trial will govern the date of the Burge trial.
 Clean shaven, coatless and wearing soft white shirt with a small bow tie Burge sat in the court room while the opening skirmish in the battle for his life was fought.
 The suggestion of MT. O'Sullivan of the defense, that the defendant had a right to a delay so he could find D. Harvey and L. Fogle, wit nesses who would testify he was in town at the time set up for the kill ing of Enge, aroused MT. Sullivan to degree of impatience. How, he asked pointedly, could the state know that the Burge case might not be just a series of motions for con- tinuance?
 This reply, or argument, Mir O'Sullivan retorted with a 4arge flourish of his strong right arm, was pettifogging one, and he was sur prised that it should be made Law yers who pride themselves on their adherence to the oath of the profes- sion, should let no testimony escape that might shed light on the in nocence of their client. Certainly the present defense counsel would overlook nothing material to the case.
 Mir. Sullivan frankly admitted the ability of Messrs. O'Sullivan & Nor gan as criminal lawyers, and denied that they ever let themselves be placed in what is sometimes known as 'nine-hole" for want of material evidence. They knew when this case was going to be called to trial, and they were not the sort to be caught without important articles of appeal Well. Mir. O'Sullivan, countercd the defense was not requesting any courtesies, but was insisting upon that continuance as a sheer matter ot right. Not only were Messrs. Fogle and Harvey away at this time-one of them, at least, could probably be found in the state-but there were many prominent people in Louisiana and Texas, Burge's old homes, who would be glad to come here and tell how he had behaved himself during the numerous years they had known him. As it was, he being a con- parative stranger here, none were on hand to say they knew him.
 When the motion was submitted and the argument was very brief, considering the seriousness of the casc-Judge Sweeney took ten min utes to consider it. While at recess, he received. an affidavit from the county attorneys office, tending, it is said, to diminish the importance of the testimony Of the two so-called alibi witnesses. He returned to the bench little later and granted the motion.
 Jurors are Dismissed
 Judge. Sweeney then had the avail able jurors called to the court room to be excused permanently. No cases requiring immediate attention remained, he said. One was an ap- peal from a lower court, and in volved only a misdemeanor, but he was not going to hold half a hun dred jurors at $450 a day while waiting on the attorney for these de- fendants.
 If the law limiting the time of de- tention of a defendant does not operate to cause a jury session to be held sooner, the next panel may not be summoned for GO days. The time was indefinite.
 Burge retired in custody of the sheriff