Demurrers to the complaint against the 10 Medford saloonmen, indicted for selling liquor to minors, were filed this afternoon in the circuit court by attorneys Reames and Withington who represent the indicted men. The demurrer will be argued at an early date, and if overruled, the trials will follow shortly after.
The attorneys for the defense are making an effort to stipulate with the district attorney in order to try one of the cases and in this matter decide them all as the same legal questions arise in each. The matter will be determined this afternoon.
Charging point blank that Mayor Eifert is manifestly unfair and prejudiced in his rulings on the admissability of evidence in the case of the city vs. George H. Millar, for immoral conduct, Attorney Gus Newbury for the defense at this morning's session of the court served notice of motions asking for a change of venue. He asked time to prepare such a motion, which was promptly denied by the mayor. He then stated that he would do so at his earliest opportunity.
Newberry's charge that the court was manifestly unfair and prejudiced followed the overruling of a motion offered by Newberry to strike out all of the evidence submitted by City Attorney Boggs as to Millar's method of conducting the Manhattan Cafe, on the ground that it was in no way connected with the Royal Rooming House or with any immoral conduct on the part of Millar. Newbury cited supreme court decisions as to such evidence, stating that it would not, in any court of law be admitted.
"This court is not the circuit court nor the supreme court," declared the mayor, "and this evidence will be admitted."
"Then," thundered Newbury, "if this court is so all-powerful that it can set aside the circuit court, the supreme court and all of the law since the time of Blackstone, we offer a motion that the court is prejudiced and unfair. The evidence of the situation demand that we do this."
"You can appeal," answered City Attorney Boggs.
"You bet we can," retorted Newbury, "and what is more, it looks as if we'll have to. Further than that, I'll bet you $50 that you will never get the evidence you have submitted here admitted before a real court of law."
Mayor Eifert then refused Newbury time to submit a motion for a change of venue telling him to proceed with the case. Newbury stated that he would prepare and submit the motion anyway.