Show ii fa RYAN AN FINED AGAIN assessed for hitting sam mcintyre HEARING IN POLICE COURT prosecution contends that the trial and conviction before judge som sera mor mer were fraudulent and therefore wore were no ear to further prosecution ryans attorneys declare the first arraignment was purely in the inter interest est of ponca peace and order justice wenger wener imposes ft fine henry it AL ryan eyan was lined fined 10 and costs yesterday by judge wenger tor for assaulting sam mcintyre ryan appealed peal ad from the decision there were several amusing features in the trial I 1 and at times tile proceedings took a farce corrody turn at one point audgo powers and 1 U na N who appeared for the alie defendant 0 n t indulged in it a verbal sparring match with prosecutors dennis utah elch nor and ray hay van cott find and some hot words were exchanged but it was not until judge morris sommer before whom the cause was originally tried camo came upon the stand that the real tun fun began 1 I want you to understand gentlemen me al said the judge as lie he took his lit seat scat in the witness lall tress chair that there I 1 Is not one vord ot of truth in the statement ot of tho the case as published in the herald igei alil not one word I 1 shall have a settlement alth with them later but judge judee sommer mer interposed judge wenger please confine yourself to the matter at hand all right your honor returned sommer but remember I 1 intend to put in a largo large claim for witness fees and likewise lik emise IBO tor for mileage nil leage and an audible adlle am to went about tile the courtroom the hist flast witness for the prosecution was sam lie he stated the caio cai ca 10 o substantially as it was published in the tribune the altercation alter ca lion arose through a dispute lit in regard to matters connected with the ajax mining company lie ile was wait discussing the matter with TV 1 I snyder when ryan approached pro ached and atter after a short discussion called witness a liar far and struck him a blow on oil the check sald said lie would settle with ryan later and then ryan struck him again I 1 this his time on the law jaw witness sald said that he made no resistance royl stance whatever nor did he put himself in a position or oc defense PALAIE PALMERS RS ERRATIC X 0 A palmer was next called and he corroborated all that mcintyre had said except that his memory nemory ri failed him as to the time lie he testified positively that the quarrel fiu airel had occurred at about 10 oc lockIn lart the morning morn lne this caused a ripple of amusement as it ll 11 well k known n aurl that the affair came ot ort in lit the in afternoon a arid and judge judee wenger said in an undertone perhaps mr air ryan can call pints an alibi on oil th aho streng strength lix ot of that statement alter tailing ailing several other witnesses all ot of whom testified tile the same in regard to the lila quarrel qu airel tile the prosecution rested then a short delity delay occurred as the defense wished ilia presence 0 ot f judge morris sommer and W 1 I snyder ot of park city cily neither of 0 tthum vh was present in ili a few moments ja judge sommer appeared unit and went immediately upon the stand the cullon objected strongly to allowing judge sommer to testify as to what flat eNi jence was vas offered lit in tho ilia former trial and judge powers addressed the th c court at some length to prove that ill the A evidence baia wa competent arid and riot not hearsay evidence lievore lie rea reached cited the hie end crial of oc his speech massis aleksis 11 c halor and van cott both jumped to th their air feet to talo take exception to some bome of 01 ills his ments now boys said judge powers shaking his finger at the eager attorneys dont you get excited let me finish you have had the b best t of 0 tills this er so far air and now nov I 1 want my say said and he proceeded with till its his argument ALLOWED THE EVIDENCE C judge wenger allowed this introduction 0 of the dence and judge went NA crat on to t tell the story as snyder lad had told it to to him lial mr r snyder sn ader told me that called ca led rl a liar lar said tile tho judge lit in conclusion find co con aldei ing the provocation I 1 thrill that 11 rian aan wo wits s Justl nel him A man called me once I 1 lilt hit jilin him so would anyone else cle so I 1 lined mr liyan tl 1 can and d costs I 1 would have been quite severe never i in I 1 1 another 1 case for to tell the trul truth h y your a u r honor I 1 dont like some ot of his w ways a y a that will do judge sommer e r said eald the court and again a sm smile lle w went ent about tile the room the case was then adjourned until 8 on account of 0 the absence of W V 1 I snyder on tile the convening of 0 the court in the evening the first witness called was waa county attorney waldomar waldemar van cott and here sa a surprise mas mag sprung upon upon the defense it seems that by a cason of the absence of tiny any representative of the county at judge sommers mers court the prosecution held that the trial was illegal judge Sou summer tiner lad had however railed called up the county attorney by telephone told him hill of the matter arid and asked for instructions sir air van cott misunderstanding him told him to use his own in the matter and go ahead AV I 1 snyder then came to the stand and testified that A when hen lie he took ryan before judge loromer So romer his was riot not to fraudulently and by collusion secure a conviction of ryan so as to preclude a prosecution in tire police court 1 I simply wanted to quietly get rid ot of tile the matter ho he said BO ai to avold avoid lilly any publicity SUGGEST COLLUSION attorney eichnor lIch Ilch nor in lis his addre address 11 stated staled that the malli main I 1 issue state was whether r or not the pre previous ious conviction was no not t obtained by collusion between snyder ail and kyan it if it was so obtained the conviction would be fraudulent still and therefore void and anal no bar to a further fiction action for or the same tie ne showed tire the cobit how the two had gone to the court together and in the absence of the injured party as well ns its any representative senta sent tive athe fat it tile alio state had secured cured ie the conviction and imposition of a an merely barely fine upon fit alip defendant D N on behalf of the d se e fondant fen dant spoke for forty five L urging that the testimony ony in the case all went to prove that snyder lad had lil lat friend before judge summer purely ly lit in tile of peace an and d good order and t eca tise he I 1 hought lie should JI nulI bo punished for committing IL breach of n the pence peace ray van cott hummed tip ip if the a case kiy eav briefly rot for till aliv prosecution reading a number of authorities to sustain his him contention that when lien a secures hla his own conviction for an offense with intent to bar any further the conviction conil consic cllon tion Is vold void entirely TUN TEN AND COSTS judge wenger said ehrat UK tile evidence seemed bi to allow that the I 1 acts were not completely before judge sommer So miner and that the absence of tile the injured party arid and tho the coun countes count tys yB representatives would make lake the cone case void he Impo imposed seti it a title rn of 0 10 anal costs upon tile defendant in nil all to ibao 1520 i wish to take an appeal from rom that lu dment your honor bald ald ryan to hla his feet wrathfully 11 ll ill fight this cos case to the end if it costs me in a thousand dollars dolli irs ia lie was waa given tuesday to file ills appeal bond arid and the court adjourned journ Jour ned cil |