Show A NEAR TRIAL IN LIQUOR CASE J L miller before judge jensen two complaints are sworn to charging the one offense leads to legal tangle J L miller aas as before judge jensen list last friday for trial on a charge of having sold liquor to lester peterson Pete raon the case chiq hi been pending since october ath at which time it is alleged the offense was committed and at this time the proceedings almost reached the point of a near trial the story of the case as told by marshal jensen if 16 lu lo we ei eiT belt titi mat he be was passing the place on main alain street on the evening ev fening of the date given and on second thought he decided to go inside lester Pet peterson ergon was in the act of drinking something apparently stronger than ginger ale the marshal seized the glass and carried it to where he be could put the contents in a hot bot tle tie he presented it to the city attorney and an analysis of the contents was secured from state chemist harms it proved to be a mixture with a good percentage of alcohol A complaint was sworn to charging miller with selling liquor and on the appearance of the defendant before justice jensen a change of justice was demanded this was acceded to and the case was set for trial when another justice would hear it city attorney bates bays that this was done without his knowledge and that the time set for the trial passed without anything being done mr air bates then had the marshal swear to another complaint without disposing of the one already sworn to when the case came up for trial last friday E E hellmann Hoft mann for the defense ob to going to trial with two complaints alleging the same offense and contended that the two complaints placed the defendant in jeopardy twice which was unconstitutional there fliers was a long legal granule over this point As no warrant had been issued on the second complaint the city attorney asked that a warrant be issued and mr air hoff hoffmann mann tarl to it on the grounds that such proceeding was the beginning of placing his client in jeopardy twice the justice ruled e otherwise and decided to issue the warrant the defense then waived the issuance of the warrant and mr air hoffmann then drew the attention of the cou to the affidavit in the former case issing for a new justice and he be dec it 11 d that they were ready for tri tn it 11 but that there was no justice to try the case as promised and asked t il he case be dismissed for want pr this was amoser and tive tire jensen took the matter under 1 ic ment after dinner the court ruled that 1 ic lid jurisdiction in the case and that lie he would not dismiss it t lint bould postpone it until another justice was appointed by the mayor the attorneys agreed then to wait until the justice war wan named and then a time for the trial could be set which would be agreeable to both parties it was a near trial |