| Show CASE IN THE TUE TH E BALANCE BALANO E I Question Queston of Freedom or Imprison Imprisonment ment mont Still Unsolved IN COURT THIS AFTERNOON NOON 1 Severn Several c Are ro One Oils Onelio lio 1 Saw Nn Him lu ill III Il Naylor Nut Not Yet Vet e Located At time the last session of the time Spry hear ilear hearIng lag Ing Justice Dana r T Smith announced that he lie would discharge the time defendant ant If Sheriff Sheri Naylor alor did not return by to today today day elY That Is 18 still absent ab ent but Spry html hall not obtained his freedom up Ui to n u late hour this title afternoon The prime only evidence lacking to tu hold bold time the accused was that which would show his lola presence In ill San Francisco ami the fraudulent Intent on loIs his hIl part hart to take time the money belonging to the tho The limo case casu casl was resumed this timis nt at 2 The witnesses called cale by bythe bythe the tue state were 1 1 S 8 Candle Caidie County Clerk John James Frank rank J Foster oster I W WW V VW W S 5 Watson of oC the News staff C CH CIt II It Miller W J 1 Olsen Olon John Juhl S Corless J H IL Smith nt Smith J 3 11 II Watson and Allen Alien Alen Mr was wa tum asked If IC he saw Sam Stoma Spry on July Jul 3rd He lie le said Mid that he ime saw caw him about 4 oclo In ln the afternoon of oC the 31 3rd Did he say anything about leaving the time city clY No he hI did dil not When did you OU see ee ea him net next 7 About eight or ten days ago agoB By Dy B Mr Ir Daly Do you 0 know where he was WItS during durin that time tn timer l No I mild did not know Frank Foster l osler was WIS next called and In answer to Mr Ir Loofbourow said he hoe had hu known Spry for eight or nine years ear Asked when he ho saw him last Insl witness said mould about three e s ago UKI In San Ston Francisco He lie le raid paid he met Spry on omi Market arket street and spoke to him Spry was wall In company with u a I man at nt that time tm Counsel for tor defense did not care to examine the witness County Clerk James was Walt 08 called Answering the time county count attorney Mr Mm 1 James sold mould he lie saw sa Spry here In tIme the early earl part hart of oC July JUI Asked If IC he lie saw him In San Francisco I witness said sal he was not certain Did Dd you ou toll lou tol anyone anono that you OU soW saw Spry In San Samm Francisco J to and The question flues lion was objected sustained the tho objection Watson was then called anti and atI when asked if Ir he ho knew know Spry said he lIe hind had seen him once that was In the county count Jail jai Did Spry pay Pa sa an to you ou about his imis hil whereabouts The Tho answer was objected tM to by b At Attorney Attorney torney torne Gustin on tIme the ground that tile me State had hal failed to tu prove pro e the corpus delecti ton pre ns sustained Upon what wima ground Mr r Loofbourow On time the ground that you OU have bave failed to prove the time corpus saId sold Jus Justice Justice tice Smith C R H I Miller ller a n passenger agent for Cor the Oregon Shout Short Line was asked If it lie he ever e r ru u saw sas sn Spry before He lie said aid ho he did not know that he had W V J Olson Olsen u a I for time the tie Oregon Short Line Ine said ho hoe saw Spry In Ogden on the time night of July Juh 3rd Spry said something to him butt but hut lie he did Ild not know what he ho said John Corless as al to his Imla con conversation with Spry ut at t the time time the time or order order order der for Cor tIme the money motley Spy was WIS given He lie saul said time the was his On tion ton he admitted that that point was vas Wi merely hU Ills hl conclusion You have been heen paid pall have hae you not asked Attorney Daly Dill Yes Yel I 1 hove have haveT hoveT T 1 11 It U Watson Walson was the next witness and when asked what conversation ho hoe had load with Spry with reference to the tile or order order der for his Imle salary counsel for tor defense defence objected anti and the time point was argued nr ull for tor fora or ora a 1 long Jong time Finally the time objection was wal overruled and witness sold ahl Spry I told him ho hI would get el the time money mOley and amod return It al on elm the tho 3rd On 01 ho Ito he ho had made mak de tie demand demand admitted that never mn t a mand on un Spry for tor the tho money mono mone but lut tutU that he had load received It I from Condie Condle |
