| Show SPRY WILL IVILL PROBABLY 60 GO FREE I In the Absence of Sheriff Sheri Naylor No One Can Testily Testify Testy That the Accused Was Vas in California Released on Oil Bonds Donds at Noon Today Another continuance was granted by Justice Dana on T 1 Smith In lii the Spry em embezzlement case ease this morning mor I n until Saturday afternoon at nt 2 If J by br that bitt time Sheriff Naylor a lor does not re return return return turn from Idaho Judge Smith Irs says he hc will wi discharge the defendant In the proceedings this morning there was vas WI a lively little tilt tit between Attorney tor torne ney no ne for or the defense and nd Dep Dop Deputy Do Dout uty ut tit Sheriff Sherl Mr Ir was placed place on the stand to testify that every Ouy effort Bror hall hail been made by b the sheriffs chIco to 10 elite the his howl hond hod of the department Mr Ir 1 said he Instructed Deputy Sheriff Shel to telephone to the marshal marshol at Qt St Anthony Anthol and ask uk him to send Fend out a messenger to timid tnt Mr Mn I Naylor NIlor Do you ou know that that was done donee Yes e replied the witness How now do you oU know It Because Mr Ir RaleIgh always nha 1 does dee e his hla hiI duty dut and nIl J I know he Its telephoned Then the only way wn In which you OU know that It I was 3 done IH tl i because beule you rou know Mr RaleIgh always low Ilo his hi duty and you ou told him to telephone Oh I you OU get got so funny re replied r r plied hildredge Just then the court Interposed nail and or ordered tIered dered the to answer the attorneys lor Irys questions qUIton Finally 1 he hr admitted that hut he lIP did not know of ot his own knowl know knowledge I edge rg that his Instructions hind hall been bell fol tot lowed bowed out out lustin restrained himself limpl arid and the lie tw crisis was WIS In safety Deputy D Sheriff Raleigh however did do the this telephoning awl and testified to that effect Ui Ul Upon n this showing Mr Loof Loofbourow bour asked for or a continuance The Tho ho defense l fon e Immediately entered a n vigorous protest to granting the B motion ald Attorney Daly argued the tie theP point P to tome some length UI He lie criticised the tho th sheriff for or leaving the State on a lIeu fish fishIng Ish lug Ing trip rip when It I was presumed that lint lie lio knew kneut the this ease case ralP was wt set t far tor Tuesday sail and that he hI was a n material Ho lie 10 said Mid even Ien If It th time sheriff did testIfy lot that list ar pry was wa In tn San Reit Francisco am awl that hat he arrested him hint there and anil brought hums hint hack back to this title city it would not wit tank n it case of ot fraudulent intent nt t and h hI he asked kid for the th discharge III of ot the Wn lint Mr Ir Loofbourow answered answer Mr fr Daly I II by hy I saYing saving that when the case was wall sot set time the State Slate expected to prove 1111 by II other witnesses than titan the this sheriff that Spry was wae In Bun n and ami that he lie told certain persons parsons whIt what hUtt he did with tho the money We WI e have hue other witnesses than the tho sheriff he b said but we Iff r must first prove he bf was WI wa In iii Sun Sti Fra bitters we wv can an Introduce any RII more testimony The defense defend best thra asked that spry pry be released nn an n lii hi his own recognizance since ND the State had made muade such luch a i poor se XI Mr Ir r I would 1111 not consent to tothill this thin hut but va WAS u willing whim that list the bond be bl M tn A JM S O H Ill the Vincent brothers went nt hid hili hi bait bail for thU this amount after which Spry went tnt home to hits his hl family amii |
