Show 1 d J JI Kym 3 r o-r 1 I t FILES MOTION TO TO QUASH I INDICTMENT j t t ti FORMER MAYOR ATTACKS CASE r i OF RECEIVING ILLICIT MONEY FROM SEVERAL NEW ANGLES Judge Schiller Hears Lengthy Pleas P PIe le as ff Takes Requests U Under r Advisement Advisement- t Resuming Trial rial on Monday t ti i i T The trial of E. E B. B Erwin former mayor Lake City an and R. R O. O Pearce attorney on profiting profiling from fallen women women Saturday had been continued until until Monday and Judge Herbert M. M Schiller took under a advisement vis ment various defense sc motions The motions oU ns d directed p particularly against a grand Jury tury ury char charge as it affects affect Mr Erwin were r requests quests to quash strike from the file filex exclude ex- ex x- x clude elude introduction of state states evi evidence v dence and discharge the defendant defenda After lengthy arguments by d de defense tense counsel Judge Schiller con con the case until y t 10 a. a m. m and took the ril motions motion tion under advisement ad All witnesses have been excised until Monday and the judge admonIshed admonished admon- admon admon the jury of six men and two two I women not to discuss the trial among mong themselves them or with others and nd to refrain from forming any opinion pinion on guilt or innocence of o othe of the he defendants until all evidence has las been submitted and the case finally placed in their hands r rA A motion filed flIed by Burton V. V Musser chief counsel for Mr Ervin Erwin Er- Er win vin alleged in part The state did not disclose to this his defendant and this defendant did not know until the opening statement of Mr Black Parnell- Parnell Black associate prosecutor made on Friday at the trial of or this cause cause that hat the state had no evidence of the guilt of this defendant Mr Erwin excepting evidence that was in all aU respects circumstantial evidence and it was not known to this defendant until the state statements made at the afternoon session of the court on Friday by Mr Clen- Clen denin Beverly S. S special ape ape- pe cia cial grand jury prosecutor and M Mr I Black that there was no evidence before Before the grand jury directly connecting connecting connecting con con- this defendant with the re receipt receipt receipt re- re of money alleged and referred to in the indictment Therefore this motion is ma made do at the first opportunity defendant had to make male a motion based on on on the admission and statements of of counsel aforesaid Among other points point raised by Mr Ir Musser in his argument argument- was the calling of all witnesses whose whose names appear on the true bill upon which the charge is based and examine each to ascertain whether their testimony testimony tes tea before the grand jury re related cc- cc that Mr Erwin had received money money earned by a prostitute Brigham E. E Roberts deputy county county county coun- coun coun coun- ty attorney active in prosecution of the case submitted a long list hat of legal authorities to show the court was powerless to conduct such a procedure Granting of the motion in trial that respect remarked Judge Schiller would mean trying the case before the judge to determine whether it should be tried before tho the trial jury Is that a practical way a a. away away way coming under any rule of reason reason rea rca son to treat a grand jury Indi indictment indictment indict indict- t- t ment menU This whole matt matter r seems In Inc Incongruous Incongruous In- In c congruous said Mr Ir atone at atone atone one time during the arguments Mr Ir Black during his opening statement to the jury as ns 1 I re recall recall re- re call it did lid not say Mr Holt Golden Gold Gold- en Holt bit police poUce officer who al allegedly allegedly al- al collected pay off mane money from frons prostitutes and turned it over to Mr Ir Pearce or paid mone money to Mr Erwin In other words your proof against Mr Erwin will be circumstantial circumstantial circum circum- asked Judge Schiller Yes replied Mr Clendenin Judge Schiller also took under advisement new motions to quash two other indictments flied filed b by the grand jury September 3 when it adjourned against Mr Erwin Both charges duplicate allegations of ot 1 ic- ic money from earnings of prostitutes on September 5 i 1937 1931 Similar motions affecting the new charges against Mr Erwin were held in abeyance until court attaches at a laches could contact H. H L. L chief counsel for Mr Pearce who was not in court S Saturday The case rase of Jack II IL Connors Conners business agent for the InternatIonal Interns Interns- J of Teamsters Chauffeurs Stablemen and H ers local No 1 charged in i. i a a grand jury jur indictment with p r in an agreement to i unlawfully un lawfully fix prices of b kir products was also before Judge Schiller Saturday f |