Show = The Keyser Case As anticipated the Keyser case I came up before Judge Emerson on Thursday morning he having consented con-sented to hear the arguments on motion mo-tion for a new trial which had been pending for o long a time Judge I 111 ford opened the argument setting forth a number of errors which it was claimed had been committed iu the trial and arguing on them Before Judge Til ford concluded he stated that his partner Judge Hgan would argue tha question on other grounds that in which the legality of the Church of Jesus Christ nas concerned being among the number His honor howeverinterrupted by stating that he saw no necessity for the question being argued by the counsel lor the defense as the propriety of ranting the motion for a new trial was pritoy W211 settled m his mind unless the district attorney coud show reaoua why it should be otherwise other-wise Assistant District Attorney jtatue tben made a brief ugrument but his Conor retaining bid original opInion intimated very clearly thais tha-is would grant the new trial on two grounds at bat first that tho im paneling of the trial jury had taken place before the defendant en red a plea second the giving of oral instruction to the jury by the court without the consent ut tee defendant Ho then took the matter formally under advisement slating that if he should in his examination into the matter find that he would not be justified in granting tho motion he I would notify Messrs Tilford Jr Hagan and give them an opportunity to argue the motion further and raise other points This action look the opportunity away from Judge Hagan to raise the question of the legal existence of the church which it was announced on Thursday morning ho intended doing and which he would have done but for the course pursued by the court Judge Emerson remarking that one fatal error was as good as a dezen and that there appeared to be no use of raising others This also relieved our district attorney and his gentle assistant i from the awkward position into which the counsel for the defense would have forced them Tho chances are that Keysor will have another trial I in which event ii i ia just poesible that the question here passed will be raised again as it will be fully as pertinent in the one case as in tho other |