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Absence of Witnesses Forces New Delay In Club 47 Case

By Lawrence W. Feinberg

The absence of police witnesses brought another postponement in the Club Mt. Auburn case yesterday; but the police and the coffee house should finally get their hearing in Middlesex County Superior Court at 10 a.m. today.

After two months delay, police charges that the Club operated without entertainment or victualer's licenses reached the Superior Court yesterday morning. But when police witnesses failed to appear, Judge Andrew Fairhurst announced he would dismiss the case for lack of prosecution.

He decided to try again today, however, after hearing Gerald Gillerman '49, attorney for the Club, say that public interest required an opinion.

Later, Gillerman charged that the delay was caused by "simple negligence and carelessness by the police, especially by Lieutenant Francis Barry.' Barry was supposed to notify police witnesses. He told the CRIMSON that their failure to appear on time was "just one of those things." Two police witnesses finally did reach the courtroom a few minutes after the judge had granted the postponement.

Barry initiated the case Oct. 30, when he led the group of police, fire and building inspectors that closed the club, several hours before the scheduled start of a second "Sing Out for SANE.'

Although inspectors approved the building last month, the Club has decided not to reopen until completion of the hearing, which will test its status as a non-profit educational organization.

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