OCR Text |
Show JUDGE ORDERS COURT CLEARED Peebles Case Will Be Heard by Judge Diehl With Only Attorneys and Reporters Present ' The preliminary hearing of J. A. Peebles, charged with a statutory offense, alleged to have been committed with Mrs. Lena T. Magerl on the night of February 26, was commenced before' Judge Diehl this rooming, Joseph E. Magerl was the first witness called. Attorney Willey objected to Magerl Ma-gerl testifying on the ground that he was the husband of Mrs. Magerl. rfnd as such had no right under the law to testify. The objection was overruled on the ground that the witness was not about to testify egainst his wife, but against the defendant. Mr. Willev gave notice that he would argue the motion at length later. The court could see no reason why the testimony testi-mony should be taken and then argued. Attorney .Willey aqulesced to the suggestion sugges-tion of the court, and argued the motion at length, citing a number of authorities in support of his motion. - Assistant County Attorney Lyon responded re-sponded to the argument of Mr. Willey. He was followed at length by Judge Whltecotton of Provo. asoclate counsel for the State and counsel for Magerl, citing cit-ing numerous authorities against tho motion. mo-tion. The argument of Judge Whltecotton Whltecot-ton was one of the most eloquent heard in the Police court in many months. The court overruled the objection, and the case will go to trial at 2:30 o'clock this afternoon. On motion of both counsel coun-sel for the State and defendant, the courtroom court-room will be cleared of all save .the defendant, de-fendant, the witness testifying, counsel for the State and defendant and members j of the pres. . '11 |