Show THE another girl goas free ly flie jury pursuant to he rase of the people etc vs hilda morten charged with refilling in a houfe of ill fame was called yeater dav at 10 a m beare commissioner berrin the prosecuting attorney was not present and the court appointed sir M raby on behalf of alie people borers and maloney ap for ilia defence and asked for it jury trial this was granted and deputy marshal pratt haq ordered to sum roon a enire of gwehe aurora returnable at 1 p m tha cae belle london and others was dismissed as sufficient evidence could not bo ob tamed the cobitt adjourned until I 1 p in at that time the following ta men appeared in court V funge A C A W child W J kos W II 11 J J geee A G kace T S browning B H dadja d J I 1 Lint risen harvey Ta krand win II 11 west 1 he attorney been besent at the trial of mis st emair aad conducted it was not pres the opening c tho adorney murphy led wilh ibe case air painter was oil ting near him and on iopu ry by mr it was learnt d that be appeared in the case and had been employed 1 by the odices mr obe iUd ti private counsel appear ng in die care but alie court cited alie case of J K against frank J ca n n m which lie commissioner Commis ioner appeared aa was giant ed the privilege of conducting the case as far as it went before commissioner cross alie objection was llie and mr painter was retained abasi tant to the at torLey appointed by the the d feare declined to proc ed but the court ruled that they had to proceed alie defence hen the pinel on two grounds arft lie united statts deputy roa ithal had no power to summon a jury in a justices court or any cobit where the dahis arata was sitting as a justice of the peace second the vi anro biad not been served by the pron to whom it aa delivered on the lalar point mr waned to introduce eri benca he was gr the privilege ard mr pratt wai anoro he ace tidied that he had served the venire himself but that he had conferred with deputy mcclellin Mc Lellin and that he had suggest td gome of the dameg mr rogers hero is a man who baa sworn to the complaint compla iut and yet has Bugge eted the cames of loiue of the jurors he appears here today to day as a public prosecutor mclellan I 1 deny it court bo haard on hia point in time mclellan I 1 do not appear as a ber and court mr ill have to une ou for contempt if you dont take our seat mclellan if the cobit dont protect me ill biava to do it myself with those words he eat down mr continued lift appeared here aa a prosecutor yet lias suggested anniea to mr pratt and thus far aided in getting such a jury as ho dedred de ired alia court ruled eliat mr pratt biad a r to confer with his deputies hlll he w uld like the ruling ot a higher court on that and would leive the question in eliat delit the atnel was properly iu his opinion alie im paneling of the jury began A few were excused for cause aad T B browning was peremptorily chal length by the defence while W II 11 was excused by alie alie enry then stood as follows A 0 keno B H goddard W J kos A W child J J lu ee and J P km eitan T e trial was begun the and then excluded from the room in swearing the witnesses mr murphy ca led for mcdandel as one who was necessary in the case but on further consideration notwithstanding the apparent anxiety of the defence in having him sworn he was excused mr pratt waa he testified when arre arreld td was in bed she raid 0 o be arrested arre sed on this charge wag nothing that bhe had been arrested twenty times on the pame charge need a great dol ci foul lan pad alie arnld not atop prost tuition tion alie only nay to stop it wai to kill tier there wee other houses of prostitution in alie the city and they to be let alone the language credited crudi ted to her and as glen in court was too to fand place in these column witness continued the lady who claimed to be proprietress 0 the boure that she had opened the hoich phe would not be nith and wai willirm to pay her line and that of thi th i girls ore of them stated she was a tote and had been for two ears most of them were in bed at the time of the arrest cross she dil not state that he biad been acquitted acquit td uch of alib twenty she bad becq arrested to the charee being deputy mclellan mr pralto as to ab nit arrested twenty times on the charge of and alie statement if the alleged madam of the bouto mis st uina r when the waa seen them WAS a nun in the house witness aked it he was her in glit slie eaid no mr 1 I presume he ie your husband then she said no IBO testified that the kirl who gao her anoa ftc mahla willirea Willi roa nolan had pleaded hi r innocenc w ih ha a 1 air aratt paying ic h id on y tp n li ro tor die of teu liing music not resorting ir ra tor bun aid liin bekai the charges amle at alo house to alna mr rogera objected air wai on the after which tho objection was sustained wilhem continued con tinned one of the oiher girls said 1 I bm glad you ave ns a chance to make a little money beare you arrested us we fira n t broka by any means sir to a funny by defendant at the mar 1 ehala he was aked t relate he did 0 o and it proved ex ir mely he further testified to defendant an auit to aei ape from the nian hala office deputy sheriff was called but atie evidence he gave on ahe trial of misi st was rolel inadmissible 5 act oa aurthor technicality it was ruled proper and ha te tigre as be bad denu at her trial after the testimony had been given it was ordered et icken out the rested the defence aked elect on which day they lamed a con diction vic tion alie court it would not force the prosecution authority wai elionne on abis point mr rogers stated that be was not prepared with on abia point as ha did nt expect aurli a refusal the prosecuting attorney in the former case did cot object to electing a day or a ite was allowed to surd tor authority aa the court professed entire agnor ano on that point the authorities brought sir rogers looked over them for a few minutes he hen said 1 I do not find the authority in thia book and the book I 1 Is not in my effii c I 1 will not ask the curt to wait I 1 aro taken by surprise at the courts ruling on this point aa it was not doubted on friday last alter lation the defence decided to proceed instead of askine for a continuance to look up authorities and present them on the motion to compel the to elect boino en which to ak fora conviction mr murphy tho for prosecute prose cut on when ape king of testimony as roan in the liouta alb st mr hoges stated that such teim opy had cot been given and insisted tint no talk was to ba used aa testimony in arguing bifora the airy mr murphy as vigorously insisted that such tei had been rendered in the cae bat lie would leave it with the memory of the jury TUB he and ia not on trial neither are lie united states marshals mr rogers why do they appear here with counsel then after three or four lawyer mr c eluded h s argument air maloney opened for the defence he analyzed alio law in question and tho facas in the case and argued that had the acme and testified to the daly appearance and surroundings of alie beouf c men coming there at au lions hacks driving up and don n day aid etc then there might be conae reason for conviction vic tion but aa it stood now the complaint sworn to by deputy marshals ahe arrest made by them there was no cause for conviction he was advised that the deputy marshals were exceedingly anxious to get a jury eliat would convict mr borra followed for the defence he sid to find the defendant cuilty they must first find that the louse wai a hones of ill fame secand that she reside 1 the purpose of lewdness lewd nesa I 1 take the position that it is a mans duty to every law made and see it enforced but we have a right to inquire into the sincerity of tha who are the law I 1 an advised that there are between and within a 0 yards of ahe bouse in question where are leopla it they have been annoyed and have noticed the things which lead them to believe that a house of prostitution existed at aliis place why do they not come here ard say so they aie not here the only testimony we have is that of three deputy man hah my brother murphy goes into cinnia tion fits about liow nicely the testimony of giralt and McL ellaa dovetail dove tail and corroborate corror orate eacle oilier you have a baht an it is your duty to inquire into the of wit and see it they have any bias or prejudice in the case what is their interest iu thia matter here ia the complaint and it is sworn toan his personal knowledge not on information and baliet y t he comes on the stand aad aliat be does not know to ln personal knowledge that thia is a bouse of ill fame where is mr richards the prosecuting attorney why ia private councel employed by mcallan Mc why has ahe deputy to go doa n into big p ceet and pay a fee for private counsel au for the purpose ol 01 prosecuting one little weak poor oman we do not learn of any complaint bavins been made to mcf ellan by any of the yet be made it himself would not yoa complain it euch a houpe was get up your leei dente then why lire there no neighbors in aliis cane w hose bonse of morality has been ont aged by the location of this bouse all this shows what interest have in the case mr closed ha argument agu ment for hie prosecution and the case was given to the jury chev were absent about an hour and then returned elating that they had been unable to agree on a verdict they w ere discharged it was afterwards that two were for acquittal and four for con diction vic tion but the ferme r bield out longer than the latter police court kick smith and ben chadwick bad a rumpus in front of anwa baloon S it arday night smith was arrested for disturbing tha deaca but ben lit out for biome where he was arrested yesterday aith of them will appear today to day to explain their conduct ben and win brown jr were fondd guilty of bleeding the nose of a party who called them bay thing but gentlemen and they were fined 9 tor the fun which th y ben claims that lie waa aided ol 01 a man stumbling over a sign and hurting his nose koepli horrors Hor was fined 9 for which he paid morris uley d the peace and was fined y which bo pad 0 B and china tom give bail for appearance today to day to answer to another on sunday morning close call part record A nun named came nearly being forzen to death between last saturday evening aad sunday he was gling to the mine w here ho ha I 1 been employed but a chort lima and when marina springs at the bead of woodside gulch ha lo 10 t liis w ay confused contused Cont used anil bemid rfd frfd he aanderud wande rud around all bigit and just at daybreak he found himself near the all acco mine lie cried for help and I 1 ck norman hearing the ebble cries went to youngs rescue tho gocr fellow VM alien care of by the alliance empl laces ond made ba comfortably as blo lily feet were ba lly frozen but he is gating along now he will no be likely lo 10 lose tho ue of his limbs |