A writ of probable cause has been granted the attorneys for Mike Spanos and Frank Seymour, now under sentence of death for the murder of George Dedaskalous by Judge F.M. Calkins, which will automatically postpone the date of execution, Feb. 14, for 60 days in order to give the attorneys time in which to appeal to the supreme court. As the supreme court will probably delay some time in passing on the appeal, the two will probably not be executed until late in the summer even if a new trial is denied.
A transcript of each case is now being prepared. The appeal will probably be perfected some time late in February or early in March.
GRANTS PASS, Jan. 28. — The case against E. Gardner, the Portland detective charged with having contributed to the delinquency of a minor in having bet a drink of soda water with Willard Crawford, aged 17 years, was called in Judge Jewell's court at 10:30 yesterday morning. Prosecuting Attorney Kelly is appearing for the state, while the defense is in the hands of Attorney Oliver S. Brown and Robert G. Smith.
At the morning sesion the defense attorneys demurred to the complaint, holding that the betting of a glass of soda water was too trivial to constitute an offense, and that the act could not contribute to the delinquency of a 17-year-old boy. The demurrer was promptly overruled by Judge Jewell.
The defense then asked for a change of venue, alleging that the court was prejudiced and could not give a fair trial, producing the letter which Judge Jewell had published in the Courier following the convictions in the police court for gambling, as indicating his state of mind.
The request for a change of venue was denied, the judge stating that he felt he could give Gardner a fair and impartial trial, and that he could rise above personal feelings in the matter.
A jury was demanded, and six men will be chosen from the regular circuit court panel.