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Show LIQUOR BOARD AID FREED OF COURT COSTS Irked Judge Revokes Assessment on Explanation An order assessing $13.60 court costs against E." W. Stringfellow, liquor commission commis-sion inspector and complaining complain-ing witness in a liquor violation viola-tion case dismissed Monday because of failure of state witnesses wit-nesses all liquor commission agents to respond to a tub-pena, tub-pena, was revoked Tuesday by City Judge B. P. Leverich. The dismissal order, mad la fever ef Gertrude Brady, 114 H South State (tract, charted with 11111 peeeeeeloa at whisky and aaralatao viofaUloa at tha Uaasr act, waa made by Judge Leverich because prosecuting wltacaacadld aot appear aad did act aatUy tha court la time to atop tha expense at oaromonlng Jorara. Irked by ths situation, which was similar to one which had occurred a few weeks earlier In tha same case. Judge Leverich decided to assess as-sess certain court costs against ths liquor commission or tha complaining complain-ing wltneea, which waa Mr. String-fellow. String-fellow. Legal restrictions made it Impassible to levy the costs against the liquor commlseiuu, ft was later discovered, aa they were charged against tha agent. No B state Passible Revocation ef that order cams wbsn Judge Leverich learned Mr. Stringfellow would likely have to pay the chargea personally, with no opportunity to be reimbursed by- the liquor commission. Simultaneously the Judge learned there was a conflict con-flict In ths tims that certain stats witnesses, ths same witnesses whe were supposed to appear in tha Brady ease, had been summoned to appear in federal court at Ogden and tha tims that ths venire summons sum-mons waa issued last Saturday. Hugh B. Brown, chairman ef the liquor commission, said: "I know personally that witnesses of the liquor commission were required re-quired in federal court at Ogden on Monday and I understand thsy wsrs tha same wltnsssss subpshaad to sppear In Salt Laks City court on tha Brady case." Mr. Brown said hs would eonfsr further on the matter with liquor commission attorneys. Hoyle Explains Henry D. Moyle, attorney for ths stats liquor control commission, admitted ad-mitted Judge Lsverlch'g revocation order followed a conversation between be-tween himself and ths Judge Monday Mon-day night "I personally fslt there was no Justification for ths Judge's statement state-ment the liquor control commission oould not run his court," Mr. Moyls said. "I told him In this particular ease tha two state wltnassas had been summoned to appear in federal oourt and that there was no deliberate delib-erate neglect on their part whea they failed to appear In city court. "I further told him that If there was any Justifiable hint tha liquor commission was trying to run his court, the commission would apologias. apolo-gias. "It has always been my understanding under-standing that a city court should give way to ths federal court In matters of this kind." D. H. Lowry, deputy county attorney, attor-ney, assignsd to prosecute the Baady cass, said liquor commission wltnsssss wlt-nsssss wsrs served with subpsnss last Saturday. "But" added ths prosecutor, "I understand that two nndercover men who were to have been material (Continued on Fas Two I (Column ElllM) COURT REVOKES I EDICTJII COSTS ' (Coatlauee fieei rw Oh) ' - ' witnesses la th ease wer In Salt Lake City on Monday, and had tba prosecution known names of those witnesses it would have baaa abla to procaad with tba caaa and aoid tba dismissal." , In aoeordanoa with prevailing, Uquor conuniaaioa custom, ax plained Mr. Lowry, tha county at torney's office had not baaa ta formed of tha nanus of tha malm witnesses, who wcra tha undercover man. . . . , Frank Opening, an attorn ay for tha liquor commiaaion, informed Judge Levetich that tha aubpana which took tha witnesses to Ogdan was sot received until about 1AM p. m. Saturday, by which tima tha city court clerk's offlca had been cloaed and It waa lmpoaaibia to atop tha jury venire. |