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Show fred w. Tout cjse BEFORE JURY II CITY COURT r- The case of the City vs. Fred W Tout was taken up today before a Jury, in Municipal Judge Reeder's court and at a late hour this afternoon, after-noon, no verdict had been rendered Tout was charged with selling liquor on Sunday, the complaint alleging that he sold twelve bottles of beer and one bottle of whiskey to D. W McDonald on the morning of April ISth He was defended by Attorney T. D. Johnson and the prosecution was conducted by City Attorney Val Gideon. Paul Beemer, Roy L. Tribe, J. W. Nickson. and J. A. Buehler com posed the trial jury. D. W. McDonald was 'he first witness wit-ness called by the prosecution and his testimony was to the effect that orf"tue morning of Sunday, April 11. he made arrangements to purchase some liquor from the defeandant at the Senate saloon. He was to return later in the day for the liquor, but by the time he did so. Tout had gone to Salt lake City. The next Sunday. April 18th. he made the purchase from thei defendant, receiving twelve botles of beer and one of whiskey in exchange for a check for $3. 75. He left the saloon with the liquor in a suitcase, going into the Senate cafe and was there met by Police Sergeant H. C. Peterson, who ascertained that the suitcase contained liquor. Serjeant Peterson testified of meeting meet-ing .McDonald at the cafe and of finding find-ing the liquor In his possession. Hp also testified the bottled goons and suitcase, together with the papers, some of which bore the date of Sunday Sun-day April 18th, in which nine bottles of the beer and the bottle of whiskey were wrapped He also stated that the paper was damp when he took the liquor out of the suitcase. The suitcase and contents were placed In evidence by the prosecution. Mr Tout testified in his own de- fense to the effect that he had received re-ceived permission from Chief W. T Norton to have some carpenter work done in the saloon on Lhe day in question ques-tion and that McDonald called there while he and the carpenter were at work. He stated that the first witness for the prosecution asked him If he could get his suitcase, which he said had been left in the saloon. He as certalned from an employe that the suitcasp was in the cellar and went with McDonald to get It. The latter after securing the case. Immediately left the saloon, by way of the cafe. and that was the last he knew of the matter until he was arrested by Sergeant Ser-geant Peterson, a half hour later. In his further testimony Mr. Tout absolutely abso-lutely denied selling the liquor and, with regard to the conversation of the Sunday previous with McDonald, said the latter endeavored to purchase pur-chase some liquor from him. but wae told that there was "nothing doing " The forepart of the defendant's tes-tlmony tes-tlmony was corroborated In part by Fred Crow and the last part, regard-j regard-j ing the conversation on April 11, by I Joseph Paine |