Show lilt POTTER IHSCII I110 Ell The Irinccutlnu toll to Produce 55itucaaca Itutl the Case h llUntlstnl The CIIO brought against Dr Totter by I to 10 city authorities complaint sworn to by I the 1Ilatshnl In which defendant is urged with nssault upon Dr StumUrt j enllle up for trial in the Police Court this 1 afternoon Mr Doyle tor tlie prosecution staled that the officers had hcen mmblo to produce pro-duce the necessary witnesses although warrants for them had been out for ses cr1 days i that tho injured part Dr andatt was out of the Territory and hall not been heard front As there was I no evidence whatever to offer the prose ition rooted Mr Itovlc in behalf of the defense I aid that he thought the case should be I dismissed as it Inul already been contln nel several time and there seemed no I prospect of the prosecution getting their witnesses i The Court Slid that the defendant had been arraigned and entered a Plea of not guilty and hill afterward asked to make n statement of Iho case The statement w ns consistent with the pica and gave I thc Court the Impression that the defend ant was Instilled in making the assault Tho defendant was therefore discharged and the else ag dnst him dismissed This will settle the matter until the civil I suit come III during Iho next term of bo District Court |