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Show ill CLASHES WITHJITSKER Mixup in the Police Court Over a Prosecution for Vagrancy. "I sentence s'ou to one day in the city jail." said Judge J. J. Whltaker to H. J. DInlnny, ells attorney, after they had clashed ovor Dlnlnns"'o refusal to prose-cuto prose-cuto a vagrancy case in police court Tuesday. Tues-day. Mr. DInlnny questioned the court's authority au-thority to impose the punishment. The ant cits attorney, to prosecute a vagrancy case, when Mr. DInlnny spoke up, sas'-Ing sas'-Ing that the city attorney's offico had not Issued the complaint and had no Information Infor-mation on which to prosecute. Judge Whltaker understood Mr. Din-inny Din-inny to sas that he would hot. prosecute prose-cute the case, and accordingly passed tho sentence, but when Mr. DInlnny explained that he had not meant that he would not prosecute the case, but was merely unprepared un-prepared to do so. Judge Whltaker continued con-tinued tho case until Wednesdas. The court told Mr. DInlnny he would expect him to prosecute tho case Wednesdas. After court adjourned, Assistant City Attornes" Dalton gathered up his papers In the office at pollco headquarters and took them down to the office In tho city and county building. He notified Pollco Lieutenant Shannon that policemen who wanted complaints issued would have to come to the city and county building offico. Mr. DInlnny was asked Tuesday night if he would prosecute the McMahon vag-rancs' vag-rancs' case when It camo up Wednesday. He said: "I am not sure. It Is probable that my office will finish up the cases now pending, which include the McMahon case, but after we have finished thesu cases, we will not prosecute any cases except where the complaint originates In our office." Mr. DInlnny was asked If policemen, when they muke an arrest and want a complaint, will have to come to his office of-fice In the city and county building. iney sureiy win," ho said. "We have moved from the office at police headquarters, head-quarters, and ans'ono who wants complaints com-plaints from us will have to come to our office. When the police learned of Mr. DInlnny DIn-lnny s Intention not to prosecute any new cases if the complaints did not originate orig-inate In his office. Police Lieutenant Shannon Instructed patrolmen having cases coming up Wednesday to be in po ice court at 10 o'clock nnd lay their evidence before Judge Whltaker. The police arre much exercised lest there be no prosecutor in the city court. |