Show First District Court The verdict of the jury in the John H Eccles vs Ue Coal company case Was in fin or of the plaintiff awarding him possession of the land in dispute and 25000 damages A change of venue was granted in the case ol A A Cole formerly Erhart vs John Lu Taylor in which title to certain mining property is involved The case will be tried in the Third District Dis-trict court A demurrer to a case brought by the same plaintiff against Parmelia A Edwards was sustained The case was dismissed under the statute of limitations limita-tions The case on trial today is Provo City vs Julius Hannherg accused of selling liquor without a license The case is au appealed one from Justice Wedg woods court The citys side of the case is represented by J WN White cotton A D Gash represents Mr Hannberg The ordinances of Provo city provide pro-vide that no oerson shall within its corporate limits sell or otherwise dispose dis-pose of intoxicating liquors without first having obtained a license from the city council so to do he defense admits that J7i < Hann berg has no license and that on April 21st of this year he sold a bottle of whisky to Milt Jacques but holds that he was justified in that the 1 guar Was sold for medicinal purposes Mr Gash fought the caeeall along I the lino on every p rnt MWteing theJ I complaint heavy blows m itj Jweakeet > points but the judge was inclined to be liberal with Mr Whitecotton and admitted the broadest of construction or ambiguous points The main question ques-tion involved in the case was finally reached when the doctorvms placed upon the stand and was asked by Mr Gash if Milt Jacques represented to the doctor that he was sick when he bought the liquor and Mr White cotton objecteu on the grounds that it was immeterial whether Jacques was sick or well Gash objected to the introduction of the city ordinance in evidence claiming claim-ing that it was void because it was contrary con-trary to the spirit of the Utah statute and contrary to the spirit of the United States statute in that the ordinance does not except the sale of liquor for medicinal purposes as do tbo e statutes tie held that Dr Hannberg did not violate the spirit of the law and for that reason had committed no of ease The judge ruled that the charter gives the city absolute right to legislate legis-late as it chooses on the liquor question ques-tion therefore the ordinance is valid Under the law one druggist with his store located Just outside of the corporate cor-porate limits of thiS city can sell liquor for medicinal purposes without a license and commit no offense while another druggist adjoining but with his place of business inside the limits doing the same thing would be guilty of an offense Inconsistent as this state of affairs eeein to be and no matter what the judges private opinion opin-ion might be such is the law The judge s charge was withheld from the jurv until 2 oclock this p mAt m-At that hour the judge charged the jury that if they found the doctor had sold the 1quor and that he had no license li-cense they were to find him guilty I instructing in-structing the jury that they were not to consider whether or no the whisky was sold for medicinal purposes A verdict of guilty was returned and a fine of 2500 imposed Judgment for 100000 was taken against Larry King and his sureties Lottie A Kelly and Henry W Hooten Larry King who was connected with the Whiteinore cold brick swindle was tlaced under 1000 00 and he failed to appear The process of the courts is now resorted too to collect the amount of the forfeited bonds |