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Show drunk and using abusive language toward his neighbors. It was proven that he had been raising merry hades in the vicinity for a year. Fined 15. Louis Sehrar ran into a buggy and mashed it $0 worth. He claimed it was accieental and agreed to fix the damaged vehicle. Discharged. Dis-charged. George Granville, the coon who was last Saturday convicted of stealing a pair of pants, was sentenced to ten days. In the case cf Alex Smith who hit Henry Huey Saturday night, injuring him so badly he had to go to the hospital, the defendant pleaded guilty to assault and battery. The case, however, was continued. Smith said he struck Huey for using abusive language and did not know he was drunk at the time. Huey fell with his head on the sidewalk. WICKED WINNIE DOE, Carrie Green Swears to a Complaint i Against Her Xoilay. Winnie Doe is the name of a naughty woman who will ere nightfall be given the choice of putting up bonds for her appearance appear-ance or sleeping in the city jail. Carrie Green, a fragile little female, appeared in police court this morning and swore to a complaint charging her with having used violent and abusive language and otherwise disturbing the peace of she, the said Carrie Green. Mrs. Green Avers that during her confinement, confine-ment, about two weeks ago, Winnie, who is a sour old vegetable, come over, swore, threw sticks and did other acts calculated to make a woman die of fright. A SENSATIONAL TURN, Mr. Straup Moves to Quash the Complaint Com-plaint in the St. Omer Case. HE SAYS O'BRIEN IS NO OFFICER. Judge Kesler Looks at the Legal Aspect of the Case Tluough Blue Glasses Hit Decisions Somewhat Lethargic. The case of Elsie St. Omer, Rose Miller and (ioldie Shears, charged with prostitution, prostitu-tion, came up in police court this afternoon. It was opened by Officer Sullivan who asked for and received a subpeena for Bert Adams and Helen Doe, or Helen Blazes, two giddy girls, as witnesses for the prosecution. Elsie, Rose and Goldie were on time promptly, accompanied by their attorney, D. N. Straup. The latter appearing a few moments after the defendants came into court. Time was called at 2:20 p. m. at which hour Mr. Straup entered a motion to quash the return of the warrant and its return on the ground that it was served by Joe E. O'Brien who is not an officer but a private citizen, having been appointed by John M. Young in Jauuary, 1802. The mayor being the oniy person who can appoint special officers offi-cers and that only for ten days, and the offense of-fense only being a misdemeanor the service was irregular, the warrant is void, and no one but a regularly appointed oflner having the power to arrest for a misdemeanor and that the offeuse must be committed in his presence. City Attorney Coad argued in reply ' that the warrant was issued is-sued in order to get the defendants into court. They had come into court and gave bonds and asked the case be set. In so doing do-ing they waived all rights. Had they contested con-tested on an application for bail the affidavit would be good. The warrant now is dead and all that remains is to go to trial. Mr. Straup in conclusion said the defendants could not determine at this time af arrest wrhether O'Brien was an officer or not. The place to determine the case was in court. Until the warrant was in court legally returned return-ed the court had no jurisdiction. Except by due process of law the defendants could not be tried because only by record does the court know the defendants are present and ready for trial. Mr. Coad insisted that the court could no entertain the motion and that the only ques tion was that the parties were present for trial. The court held that Mr. O'Brien was not an officer, and thit the question was one of whether the defendants could go to trial or 'not. He held the warrant not a good one and that they were not legally arrested. Mr. Straup moved that they be discharged. The court held that the defendants being be-ing present but he got no farther, for Coad and Straup had a little tiff in which the former got somewhat j excited but finally cooled off to allow the court to decide that they could be arraigned. ar-raigned. Elsie was then the listener to the complaint and pleaded not guilty. Straup then objected on the ground that no warrant had been issued and that without a warrant no arraignment could be had. The court paid no attention to the objection objec-tion and sat like a wooden man on the bench. Goldie and Rose were then told to stand up and plead but Lochrie objected on the ground that but one plea was necessary and that a second plea was trifling with the court. - That it was impossible im-possible to plead to a complaint because the offense was not ons with which the complaining witness was cognizantta, -. j I Then the court decided that the defendant Elsie St. Omer should go to trial. Mr. Straup caused to be entered in the record his objections and the case was called. Straup then tiled a second affidavit asking that the defendant be discharged on the grounds that the officer O'Brien is not an officer. What was done with this no mankuoweth The house was reported to be a house of ill-fame. He knew that from general report re-port and from his own knowledge. On cross examination witness stated he had visited the house half a dozen times. He. had not arrested the woman because another man had charge of '"pulling" the houses. He had no feeling in the case. Joe O'Brien was the first witness. He testified that he together with Officer Wilson arrest d the defendant. She had been living in the house for seven weeks as a house of prostitution. This was stricken out as a conclusion of the witness. Harry Duke had told him that the house was reputed to be one of ill fame. Police officers also had informed him. ''Mac," a man who had worked at Studebaker's had also told him. Mac was going with Elsie and told him she was running the house. Straup asked for a subeena for Joe Mc-Erlin. Mc-Erlin. Marion Fields, a hatchet faced soiled dove then testified that she went to Elsie's house for the purpose of prostitution. This was objected to and the objection sustained. George Sheets testitied to knowing the defendant de-fendant and that she was keeping a house of prostitution. Didn't make an arrest before on account of lack of evidence. H. L. Glenn was the party who was securing the evidence. Had seen hacks stop there and men coming out at 2 o'clock in the morning. On cros-examination the witness said he was not an expert. Had been 'round there considerably. The neighbors had not complained com-plained to him personally but he had heard them make them in the office. Officer Mathews and Sullivan made statements state-ments corroborative of tcst'mony already adduced. William Showell testified that he understood under-stood the. house to be one of ill-fame. A. M. Wilson verified Showell's statement. On the night of the arrest lour or five men had Hew out of the window. Did not arrest them because he had no warrant for them. That was the only reason. The prosecution then rested and W. D. Palmer took the stand for the defense. Had never heard the character of the house questioned. ques-tioned. Mrs. Palmer followed with a similar statement. Never heard or saw anything wrong. I George Henry, a hay, grain and grocery man at Fourth South and Stale streets, testified testi-fied lliat defendants had owed him a bill of $200, and he made inquiries concerning them. He found they were keeping roomers. room-ers. Could not find anything to warrant the belief that they were running a house of ill-fame. ill-fame. Henry's partner, G. W. Norrell testified to knowing nothing of the house; never heard anything against the hou?e. Morris Livingston took the stand as The Times went to press. POLICE COURT. The List of Cases Handled by Justice Kes-lor Kes-lor Today. By reason of Justice Kesler's decisions the city is $"S richer this morniug. On Saturday night Ida Walker, a keeper, and Inda Allen, Cora Fleming, Miss Midget, Nellie Faverhild, Pear.l Younger, Myrtle Saunton, Margretta Stevens, Miss Beau-champ, Beau-champ, Ruth Cleveland, Maude Lindsay, Clara Hills, Helen Doc, Bert Adams, Marion Doe and Iva Smith, inmates of houses of prostitution, were arrested. ar-rested. Ida put up $50 for her appearance the others $25 which several sums were declared de-clared forfeited. John Rose and A, S. Thompson, two teamsters team-sters who left their horses unhitched, forfeited for-feited the sum of $2 each. Rob Miller was found drunk and partially naked in the hedge of the Deveroux House and was locked up by Officer Chas. Ford on the charge of being drunk and exposing his person. It cost him $5. John Peterson, a lame man from San Francisco Fran-cisco to Pueblo, stopped off at Salt Lake and got drunk. He was told to go on his way rejoicing. James Stewart, another cripple enroute from Aspen to Lehi, did the same as Peterson. Peter-son. He, too, was told to skip. Dan Donaldson for being drunk paid $5. D. E. Carpenter pleaded not guilty to being |