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Show oo DENNY J, SMYTH'S DEMURRER IS SUSTAINED Denny A- Smyth's demurrer to the indictment charging him with conspiracy conspir-acy and the illegal sale of liquor was sustained last evening by District Judge Arthur E. Pratt, who advised the district attorney to re-submit the indictment to the grand jury when it convenes next Tuesday. The demurrer had to be sustained, because the Indictment charged two separate offenses, which is prohibited by law. The court held that this defect de-fect was fatal. Mr. Smyth, tho defendant, has now assumed the aggressjve in the fight. His attqrneys, J. A. Howell and George Halverson, gave notice, after Judge Pratt sustained their demurrer, that they will peremptorily challenge the grand jury, alleging the disqualification disqualifica-tion of certain members to sit in judgment judg-ment upon the alleged offenses of other oth-er men. One of the jurors, the attorneys attor-neys charge, is not eligible to servo as a grand juror, because he lacks the statutory requirempnts; furthermore, that he is prosecutor of a charge against tie defendant and is a witness for the prosecution, and has expressed opinions regarding the guilt or innocence inno-cence of the defendant. oo |