Show IS CmISTA AN INDIAti i I I JOSEPH LIPPMAIr ASSUMES THE ROLE OF A B1 dORIST f Bat Succezds In Staying Proceedings In the Vagrancy Case All the I j SameA Clever Demurrer Is or is not Schyler C Constant an I Indian That is the question which Joseph Lippman counsel for Constant demands I de-mands shall be settled before his client 15 prosecuted for vagrancy The case was called in police court yesterday and Yr Lippman stated that he wished to offer a demurrer to the complaint The statute he said in del de-l fining what shal constitute vagrancy I states that any person not an Indian who shall roam around without any I visible employment etC shall be guilty of vagrancy It is not shown contended contend-ed Mr Lippman whether or not the defendant is an Indian The prosecution prosecu-tion did not appear to be violently disturbed dis-turbed at the defense sprInging this unexpected point and Tasted firmly In thE confidence that If It should be demanded de-manded he could produce strong evidence evi-dence to show that Constant sprung rot from theIndian i but from that im J Ik I portant white branch uto the human I race known as the Caucasion Mr Llpp d mn did not make the assertion that his client is an American Indian and is therefore exempt from being prosecuted prose-cuted as a vagrant but that the complaint com-plaint was lame In not showing whether or not he is an Indian Judge Tlmmony overruled the demurrer The I prosecution asked for a continuance to li prepare for trial which vas granted Tuesday at 2 p m is the date fixed During this brief period Mr Constant sat very calmly In the court room |