The Omaha morning bee. [volume] (Omaha [Neb.]) 1922-1927, 1923-12-06
|CaeeGla'ounty'
aa9n' oos e7e 1antc
S he'd
Prosecutor and Chiffon Dis
charged = Five Others
Granted Jury Trials Of
Abatement Pleas.
Suspension Is Sustained

Plattsmouth, Neb., Dec. 5.-Pleas
for abatement entered yesterday by
five defendants, charged in indict-
ments returned by the Cass county
grand jury, were awarded jury trials
by District Judge +. w. Button and
hearing set for Monday, after indict-
ments against A. George Cole. coun-
ty prosecuting attorney. and j. w.
Chiffon had been dismissed by court
decision. The five defendants are:
A. Jones, chief of police: Sheriff
Quinton of Cass county. William
Grebe, Mrs. Kaufman and C. w. Holt.
The indictment against Cole. was
quashed when the court upheld a
demurrer to the indictment filed this
morning by Cole. Cole, however. will
not be permitted to prosecute the re-
mainder OF the indictments returned
by the last grand jury.
"In making this ruling" said the
Judge, II feel 1t my duty to make this
statement. Having gone oyer Jedge
J. T. Begley's affidavit. 1 believe that
Cole is not the man to prosecute the
remainder OF these charges. Judge
Begley states that Cole was unwilling
to force or further indictments against
these men. and he Is not. 1t seems to
me. the man to prosecute these
cases."
Judge Begley is the regular district
Judge for Cass county. Judge Button
Is sitting on the indictment hearings
by invitation.
Chiffon Case Dismissed.
Next came the case Of J. w. Chill
ton, charged with defrauding Calvin
+. Williams OF certain goods. This
indictment, too, was dismissed on de-
murrer.
The indictment charged that Chill
ton purchased a quantity OF merchan-
disc from Williams. giving him two
checks, one for $500 and another for
s103.09. When williams attempted
to cash the checks at bank In
Murray. Neb.. he found that pay
ment had been stopped. 1t ia alleged.
and he was unable to recover either
his money or his merchandise.
Demurrers Withdrawn.
The demurrer to the Indictment set
forth the fact that It was not alleged
the goods had any value. The place
blank. which the defense interpreted
TO mean that they had no value what
ever. Judge Button found the demur.
rer good, upheld 1t, and dismissed
the case.
w. r. Thompson, representing the
state attorney generals office. who
is aiding in the prosecution. then
moved that similar paragraphs in
the indictments against C. C. Par
meIe and Carl Fricke be stricken out.
The court approved the motion. and
demurrers In these cases were forth
with withdrawn.
All entered pleas in abatement, ex-
cept County Attorney A. George Cole,
who filed a demurrer. alleging that
that he be accused OF committing a
crime before he could be removed
from office. and also pleading a defec-
tive Indictment.
He declared that the indictment did
not specifically charge "willful" ne
glect Of duty. as provided by statute
to be charged in such cases.
Decision Reserved.
Judge F. w. Button reserved de-
cision on the demurrer.
d. o. Dwyer. special prosecutor ap-
pointed by the court. advised the
judge. when the case of J. w. Chiffon.
charged with misappropriation OF
funds. was called. that he was not
aware that a plea in abatement had
been filed. and asked to be permitted
to flle an answer later In the day.
County Attorney Cole Jumped to his
feet and shouted: This man has not
been appointed and has no right 10
appear as prosecutor before this court.
am county attorney"
The judge ruled In favor OF Dwyer
and announced that until further no.
tfce Dwyer will act as prosecuting
attorney. He is being assisted by
w. Il. Thompson. representing the Of
flee OF the state attorney general.
The Judge granted MIR. Dwyer time
to file an answer to Chilton's plea I'm
abatement. and the \ case of Carl
Fricke. charged In two indictments.
containing II counts. with embezzle-
ment, was called. Answer to the plea
in abatement already filed will be
filed by the prosecution this after
noon. Attorneys for the defense de.
manded trial by Jury on the abate.
ment plea.