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ORDERS TRIAL TO PROCEED Judge Sullivan Rules Against Dis ¬ charge of Howard and Mitchell Both Deny Doping The government won its first legal skir ¬ mish with defense counsel for Jack Howard race horse owner and trainer and Charles Mitchell stable foreman charged with ad ¬ ministering narcotics to thoroughbreds in 1933 at Arlington Park race track trackFederal Federal Judge Phillip L Sullivan ruled Wednesday that the arrest of the defendants and the search of the stables and the per ¬ sons of the defendants was legal and or ¬ dered the trial to proceed proceedImmediately Immediately following the ruling of the judge Attorney William F Waugh moved that the defendants be discharged on the ground that there was not enough evidence to convict Judge Sullivan ruled against him himOn On the witness stand both Howard whose real name is Height and Mitchell denied they ever doped a horse horseSaid Said Mitchell MitchellI I often gave horses medicine for coughs Sometimes they were shot in the leg to cure sore muscles I never handled any dope dopeHoward Howard testified to substantially the same thing He said he was 46 and had taken the name of Howard when he ran away from home as a boy
