OCR Text |
Show FOUND GUILTY IN JUDGE INGOLS COURT -i. largo ciuu tjaLiircu mi'aiij n.Ui'niUg ti L J. A U CWCiv lU JUWfati 111- 6uis oilier ivutu ue auea cuun i.ji Llili iriu. ui ltuiiuuu on u uttui'b oi uaviug liquor uiuuwiuiiy iu uio possession, a jury trial uad ueeu ornanueu aim cue uuy Atarsiiai proceeded pro-ceeded to summon Uie loiiowi'ng wen uiown men: W.' A. filler, C. a. Arlington, Ar-lington, a. 11. WilKinson, Jfi. li- Jor-aeusen, Jor-aeusen, C. Lee, V. a. Herman, C. J. .viclntire anu W. J. Burns, lo act as ' jurors. When the roll was ealieu three tailed to respond to their names Wilkinson, Miller and Arlington, Ar-lington, and the officer was ordered by the court to bring them in, which he proceeded to do. After delivering a lew words of advice, the Judge lined each tardy juror two dollars lor contempt of court. The lines were promptly paid, and as there were no seats available for the tardy jurors Miller intimated that two dollars should entitle them to reserved seats. After some disturbance in the southwest quarter seats were passed over and quiet reigned for a minute. W. F. Knox of Beaver had been retained to defend the prisoner, Mr. Joseph Hamilton, and County Attorney Attor-ney Parsons conducted the prosecution. prosecu-tion. The charge of having had liquor one bottle of Mellwood whiskey in his possession unlawfully, was read to tie defendant, to which he entered a plea of not guilty. The names of the jurymen were written on slips and placed in a hat and Judge Nichols was asked to draw four names, and Wilkinson, Miller, Mclntire and Arrington were called to the jury box, where, after an examination, Attorney Knox asked ask-ed that Wilkinson and Arrington be excused because of their connection with the bank, with which the defendant de-fendant had business relations. The County Attorney objected, but Judge Ingols excused them, which caused them to do considerable kicking as they had-just paid two dollars each for reserved seats. Burns and Lee were then called to the box, and after one look at them, the attorney for the defense said, "I am satisfied." "Me, too," said Parsons. Par-sons. And the Judge declared a recess re-cess till 1:30 p. m., at the same time admonishing all to be prompt. When court reconvened at the appointed ap-pointed time, all were in their places promptly. Sheriff Fotheringham was the first witness called by the prosecutor. He told of having gone to Newhouse on September 7th with Deputy Hedges and Co. Atty. Parsons armed with a search warrant. He testified that they found the home of Jo. Hamilton locked, that they broke open the front door and that Hedges found in the drawer of a table a bottle of Mellwood Mell-wood whiskey. The whiskey was introduced in-troduced as evidence, the bottle having hav-ing been marked by each of the officers of-ficers present at the time it was found, so there was no question as to its identification. The witnesses also testified to finding ten or twelve empty whiskey cases. The attorney for the defense objected strenuously to this being introduced as evidence. At this point quite a commotion was created by Deputy Hedges's discovery discov-ery that McKeon and Martin were tampering with the evidence which had been left in an auto just outside the door, and the cases were rushec! into the presence of the court much to tjie disgust of the attorney for the defense, who made a dramatic appeal to the court against such a procedure, but all to no avail, as the Judge sternly ruled against him and allowed the case to be introduced as evidence. " In cross examination the Sheriff and the attorney for the defense came to quite sharp words as the Sheriff seemed determined to tell things which the defense did not care to hear, and which were not in answer an-swer to questions asked. Allen Hedges was the next witness. wit-ness. He told of "jimmying" the front door and of finding the bottle ol Mellwood whiskey in the drawer ol a poker table. He said that there was a bed in the room and kitchen utensils in the kitchen, but most of the household goods had been moved out to the cellar. Parsons then took the stand and told about the same story as the other oth-er officers. Tom Maestros was the next witness. wit-ness. He told of having brought Jo. Hamilton down from Newhouse on September 5th, and did not see him again until the 12th. Here the prosecution rested and the defense began its side of the case. The first witness called was Charley Char-ley Dreibelbis, who said he checked Jo. Hamilton out of the Milford Hotel at about 9:10 p. m.-, Sept. 5th. He was questioned closely on the meaning of the marks and brands on the empty cases. The next witness was C. T. Martin, Mar-tin, who qualified as an expert on whiskey brands and cases. He testified testi-fied that the bottle of Mellwood did not belong In any of the empty cases there in court, as they were all "Old Joffre" cases; that Mellwood was not bottled in the same district as "Old Joffre." Karl Levy, cattle man, was the next witness for the defense. Said he stored hay at the Hamilton place, employed several men, had Hamilton's Hamil-ton's permission to use the house when the owner was away, key was always available had used the key. Others knew where the key was kept. On cross examination, said the whiskey was not his. This ended end-ed the defense and the argument began. be-gan. Knox intimated that the officers were lax in their duty, in that ten or twelve empty cases dated "bottled in the Spring of 1918" had been al-. al-. lowed to accumulate in plain view . without having prosecuted before this. Parsons immediately came to , the defense of the officers and heated i words flew thick and fast, and the , Judge kept dodging to keep from getting hurt. The case then went to the jury , and the court took a recess till 7:30 . prompt. 1 After being out about thirty min- utes and sampling the evidence, the . jury brought in a verdict of guilty, and the Judge sentenced the prisoner . to pay $299 or go to jail, t A notice of appeal was made and f a bond given. The case will go tr rthe district court at Beaver at its e ! next session. ..... |