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Show CIS, E. LfflE CASE IS BEFORE CITY COURT The trial of Charles E. Layne, who is charged with battery, was commenced com-menced in the municipal court and, after hearing the testimony of sev-eral sev-eral witnesses, the judge ordered the case continued until tomorow morning. morn-ing. The continuance was to permit the introduction of testimony by Pa trolman Walter Moore, for the defendant. defend-ant. In the complaint, Mr. Layne, who was formerly a local police sergeant, was alleged to have struck Adrian Baker in the face, July 24th, without with-out provocation. According to the testimony Introduced, a fight occurred occur-red at the Broom hotel corner, on Twenty-fifth street, about A p. m. on the afternoon of Pioneer Day. Mr. Layne happened along just in time to see Patrolman Monro inv lmiri of two of tho combatants. He advised the officer to "walk them over to the sta. tion" to avoid further trouble as there was a large crowd of people gathered near the corner. Baker, who had rushed to the scene of the disturb, ance, because, he said, he "liked to find out about things sometimes like other people," accosted Layne, saying, say-ing, "What authority have you, a street car conductor, to tell the officer of-ficer to arrest anyone?" At this point, according to Baker, whose testimony was corroborated by Peter Wangsgaard, Layne denied tclU ing Officer Mooro to make an arrest. Tho witness started to continue tho argument and the defendant slapped his face. According to Layne, there were sov-eral sov-eral fights going on at the timo In the crowd, and Baker's approach appeared, under the conditions, to preclude an attack upon him and ho got in the first blow, a flat-handed slap. The defendant also said his denial de-nial of Baker's statement regarding his advice to Patrolman Moore, was true as he had merely suggested that the officer walk the two men over to .the station to get them away from the crowd. Maude McElvany testified that she heard the argument and saw Baker raise his hand to strike Layne1, be. fore the latter struck the blow that caused his arrest. 1 |