San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-08-01
Defense Counsel Attacks
Legality Of Com
plants.
STATE NOT READY
District Attorneys Office
Asks Continuance
t of Gases.

Nineteen of the &c men arrested By
state rangers at the Pastime Club on
South Flores street week ago may
not even 20 to trial. This was indi-
Gated late Tuesday when c. NJ. Cham
bers representing the nineteen against
whom misdemeanor charges had hecr
filed, presented motion to Justice Oh
the Peace II. Neil Campbell, asking
that the complaints be dismissed on
the ground that they were invalid.
Complaints against two of the II
charged with misdemeanors already
had been dismissed on orders from the
district attorneys office. Mr.. Cham
bers announced ready for trial in the
other nineteen cases, G-manding, how
ever, jury in each case.
The complaints were attacked on
five different points: first, because
they charge no offense punishable by
the penal statute of the state;' second
because they were not sworn to befori
any officer authorized by the law TO
administer oaths. Part of the CON-
plants, the motion sets out, are sworn
TO before George w. Huntress while
the others are sworn to before j. A.
n. Flores. Both of these men, the
motion AYERS. designate themselves as
assistant district attorneys while in
reality they are only special investl-
gators in the employ of the district
attorney. Not being lawyers, the mo-
ton sets out. both would be dis1uail,
fled from serving as assistant district
attorneys.
Claims Arrests Illegal.
On the other hand, the motion sets
out, even IL either or both were assist
ant district attorneys they would be
barred from swearing to the COM
plants unless they were the only per
sons present at the time of the arrest
This. it is held, was not the case
Neither special investigator, the mo-
ton holds, is vested with authority to
administer oaths.
The motion further attacks the com.
plants on the ground that the arres!
of the defendants named therein lis
illegal ard void, in that after making
said arrest. the defendant was moi
taken to the nearest justice OF the
peace and complaint made as required
by law, and parties making the arrest
violated the law in failing to do so
but defendants were confined IN tht
, county falkland complaints not filet
until after. habeas corpus was tiled ant
set for hearing. and when filed no.
sworn to before the justice of the peace
or q person authorized TO administer
oaths, but by a person unauthorized
and said complaint alleging that same
was sworn to before an assistant dis
trict attorney is false and untrue. a.
said person is not an assistant district
attorney, but a special investigator fol
district attorney and has not the au
thority to administer oaths or pose OF
hold himself out in any other capacitj
than special investigator"
State Seeks Continuance.
Judge Campbell took the motion UNI
der consideration and set it down fol
argument at . o'clock Wednesday aft
ernoon. When Mr.. Chambers. of the
firm Of Chambers, Watson Il John
son. who represent the nineteen de
fendantss inquired as TO a setting fol
the cases, Judge Campbell informed
him that the district attorney had re
auested that the cases be held up .
few DAYS .'for certain reasons" 1t /:
the consensus of opinion at the court
house that the district attorney de