BERT BRANNON DISCHARGED. ~ Justice Says State Had No Case Against Ex-Deputy Marshal.

April 14, 1909
BERT BRANNON DISCHARGED.

Justice Says State Had No Case
Against Ex-Deputy Marshal.

"Not guilty," was the verdict rendered by Theodore Remley, justice of the peace, yesterday morning at the conclusion of the preliminary hearing of Bert Brannon, ex-deputy marshal. Brannon was arrested on April 6 by Detectives J. H. Farrell and Denver Mitchell, and charged with receiving and concealing stolen property.

One diamond pawned by Bert Brannon to Edward Costello, a saloonkeeper, was the "property" the police claimed had been stolen from L. V. Reichenbach on April 3.

Reichenbach and Henry Metzger, who had sold the diamond to Reichenbach, testified that the stone was identical with the one Reichenbach lost. Captain Walter Whitsett was not allowed to testify as to the conversation he had with Costello previous to the arrest of Brannon and left the court room in an indignant mood.

Brannon testified that he purchased the diamond from a pawnbroker, S. R. Alisky, 540 Main street, for $65 on March 29. It was bought "on time," he said. The diamond, Brannon said, was pawned to Costello on the same day for $35. Costello, the pawnbroker, and his clerk corroborated Brannon's testimony, and the pawnbroker produced his receipt book with Brannon's signature in it as evidence.

Judge Remley said the evidence produced by the state was not sufficient and he discharged Brannon. A "bum steer" on a horse race Brannon said was the cause of the "little inconvenience" which he suffered for one night in the city holdover.