Show A CUP IS A MUG S DECISION BY JUDGE TIMMONY IN LARCENY CASE Defendant J Barrett Discharged tho Testimony at Long Trial not Proving Guilt A cup Is a mug This was decided In Police court yesterday yes-terday on the trial oE J Barrett who was charged In the complaint with having stolen a silver shaving cup while the witnesses for prosecution Jn slated upon calling the missing article a mug S Diehl asked to be allowed to amend the complaint by Inserting thp word mug In place of cup but Attorney Lippman who appeared for the defendant de-fendant objected His client he thought should be tried under the complaint com-plaint Thin the Judge decided that a shaving shav-ing cup and a shaving mug was tho same thing and the complaint was allowed al-lowed to stand It was shown In the testimony that defendant had entered the storo of lie American Tea company on January 24th and purchased a pound oC coffee that aCter he had loft a clerk discovered discov-ered that a sliver cup had disappeared from a show case where he had stood for some time also that he had been the only person In the store during the Interim from lie time the cap was last seen until l It had disappeared and that the left pocket In his overcoat had a bulgy appearance as he walked out Barrett denied that he had taken the cup and on eroBsexamlnatIon Dlehl got from him tho fact that he had traveled trav-eled all over the coast and Sound countries coun-tries being generally engaged in tho saloon business Judge Tlmmony held that there was not sufllclent testimony to convict remarking re-marking that the evidence was entirely Ircumatantial and the defendant was discharged |