June 9, 1917, continued
Editor’s note: There was no June 10, 1917, paper
TWO INDICTMENTS HELD DEFECTIVE; ACCUSED FREED
Sam Slide and W. E. Collins, who were placed on trial in circuit court yesterday afternoon on the charge of burglarizing the Phoenix post office and the store of the Phoenix Mercantile company some time ago, walked out of the court room free men shortly after the trial was begun, because the indictment against them was improperly drawn.
The two men whom the police and authorities regard as professional burglars, and who the police say served burglary terms in the San Quentin, California, penitentiary, got the money taken on their person when arrested, hurried back to Medford and disappeared. It is predicted that they lost no time in getting as far away from Medford as possible and that they will never been seen in these parts again.
There was a strong case of circumstantial evidence against Slide and Collins, who were defended by E. E. Kelly. The latter let the case be called to trial and one witness be examined before he sprung his surprise on County Prosecutor Roberts by raising the point that the indictment was technically faulty in that while it charged the prisoners with taking property from a building, it did not mention that the building contained property.
Judge Calkins, after examining the indictment and looking up the points of law involved, held that Kelly's contention was correct.
A previous indictment attacked by Judge Kelly as attorney for defendants was also held faulty and the case against J. A. Torney, in which Mrs. W. W. Eifert was complaining witness dismissed because of it. The defendant was accused of having sold property without possessing title and the case grew out of a boom day realty transaction involving Siskiyou heights property for which Torney was agent. After the jury had been drawn and the first witness called, the effect in the indictment led to an instructed verdict.
LOCAL AND PERSONAL
The rain of last night and this morning caused many ranchers not a little concern on account of their alfalfa and hay. There is much of both down in the valley, but unless there should be prolonged rain, no damage will be done.