Show RICHFIELD LOSES CASE case dismissed on error in complaint prosecuting witness is disappointment to the prosecution another ease case of illicit liquor selling has gone the ease case of Rich held city is s john miller was up lefore judge johnston John last thursday the I 1 itter having been appointed b bj mayor malor to try the ease in the of city justice C L b jensen on oil the petition of defendant for a change of nf judge the trial took place in ill the council room in tile the peterson bank building the case was called for trial at the time set but it developed that the records in the case to date w re not ahe original nil complaint could not be found and the docket of the city just ce cc containing the plea pica was not in court this caused the city att attorney orneN mr air bites to ask for a postponement of the trial which ll 11 I 1 E hoffmann for the defense strenuously opposed considerable argument reul resulted ted and finally the defence offered to proceed to trial on the cop of the original complaint which the defendant was served with and the city attorney wa allotted a to amend the complaint by inserting certain words worda tile first witt witness lesa sworn was oscar thorson who testified that on april 0 he was in the e saloon and secured beer lie he stated tint thit he was a in the saloon several times and pu purchased beer each time from the defendant bought two bottles on the first trip and six si bottles on another trip and on this occasion miller furnished him with a t small grip in which to cair curi the beer A small telescope valise was shown the but he said he could not ariy riy that it was as ahe one furnished him by miller or not but it looked like it resuming his hib testimony he said that lie he thought he paid for the beer but thit miller did not ask for any p ty t jicie P pi on oil th taju I 1 he reluctantly admitted that lie he oaid for the beer and that he made another visit to the alon an all got more beer on cross examination mation hastied that he le being beine ariestea ari ested b tile the marshal on the day spoken of ind that he was of ferina to sell bananas at the time of his arrest hi he said that his mind was kas hazy haly on some points on oil that day but clear on others he remembered the visit of the officers to the jail near midnight of the day of his arrest ile he remembered that something was baid to hilt hilli that he would be for steal log ine if he did not testify adga against miller he remembered lp that mr air said to him thit thi t he could not see wily why witness should be in jail and shield the man that was really responsible mr air hoffmann asked the witness if he did not tell hy by riley that the officers 0 had threatened him with prosecution and that they intimidated him witness rather startled led the attorney by aying abing that hy by riley had told witness w j aness thit he had heard a atory to that effect and that riley aad not the witness had said that a fiew few days after his arrest aej release then came the mot startling bt baite ite merit ment of ill all for the prosecution thorben admitted in response re to a qu question estion by mr hoffmann that miller had bad told him ile he called tor for beer that thel did not keep help an ani thing but root beer At attorney bates then tool took him aim in ill L hand a nd and thorson said that miller asked him if ile he wanted rout beer and witness said yes attorney bates what kind hind of ber b 6 er was aa it if witness 1 I dont know what kind of te lc r it was vas im not a demits i and cant analyze it it was root beer this was a stunner the witness had been growing more evasive all through his testimony and when the grip w is bbown him in which the beer is carric tl he did id not know whether it was the grip he got from miller or not As soon as asli lie ewis was released release d from examination he took a 1 beat beside mr miller and to him from time to time during the progress of the case mashal jensen was eclied and ile he testified that thorson thoron was drunk on the day in question rind and that he secured the grip which had been offered in evidence from him A bottle of abter was introduced anil and was identified as one which had given to his brother martin and which lie alleged had been bought from sillier miller martin choron identified the grip and the bottle of beer which lie he had sec secured tired from his has brother on the day of his arrest the bottle was stripped of its label ind and only by its color could it be determined ter mined what the contents As there was no direct evidence evi tience to conix met pt the defendant with the sale of the beer it was vas not opened s evidence tile llie defendant took the stand and that he did not have the ordering of the supplies at the place where he be worked and he hiis A is told that the goods he wis selling was root beer ind lie he sold it us its such there was little satisfaction to the prosecution in millers testimony at As soon as the evidence was in mr air hoffmann attacked the complaint on errors in its drawing the complaint he pointed out charged chatan that an offense had been committed contrary to the ordinances as pissed and approved in 1908 when the ordina ordinance nef dealing with such offenses aas pissed and approved in 1898 this error alone contended mr hoffmann invalidated the complaint after considerable haggling judge Jo johnson linson decided that the complaint comola int was vas faulty end miller |