The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1856-05-10
Mis- sEDA SPICER Assistant Editor,
SATURDAY, MAY 10 1856.
A Tater Haul An Attempt to En-
force the Prohibi:ory Law.

force the Prohibi:ofy Law.
For some time pas. many drunken
men have been seen and heard o., in
Upton. and i, being ascer,ained that
,ha, they procured their liquor (Scbnapps)
n, rscrss, kept by one David Vsail; on
May Is, one bottle Of Schnapps was pro.
cured there, by one David Evans. This
was done to get al action commenced,
accordingly an affidavit was filed. BY w.
IL. Nicer cken, and warran, issued on
the 81. Previous 10 issuing the warrant
two other bottles Of Schnapps was bought
there. and two other affidavi,s filed, by
Hiram Latham, and two other warrants
issued, by Esq. Bagley. On the Sd a
CHI nse Of venue was taken to Esq. Long.
On Wednesday, the 7sh, the case came
Oh for hearing.
Previous to this Con tho 2d) an afiida.
Wit for a &c arch warrant was filed by D.
Evans w. H. McCracken Hiram Latham
aaI Wells Spicer, aud . search warrant
issued. the rrcm ses searched, but no
liquor found.
Tho b..lle purchased 6rst was deposit.
cd with E. b. Simmons for sale keeping,
the two las, with the Judge, and locked
Up in the County Judges sffice. Previous
II the trial so n. villain buglarously broke
'a,o the desk Of the County Judge, emp
tied the bottles and leflled them with
water aud resealsd them. Ga the trial,
we are comp He'd to say, species Of Dor.
der ruff lnisn prevailed-and the tenn
pcrance side wss rods over rough shod
by the opposition.
The action was dismissed and pres.
scu,ors ,hr ,wn into the costs. That we
my 10 nobody any wrong We will state
the facts as they appeared on trial.
Al tho trial the sui. on the frs, bottle,
being tbs one purchased on the is.. was
called on. The two bottles purchased on
the 2d (bcipg now filed with wa.er) were
produced. Two Of the witnesses, being
the main witnesses, testified that one Of
III. tive bottles produced was the one pur.
chased on the l.,. bet soon discovering
their mistake asked to cor, ect, which they
did and the true bottle on which suit was
then pending was produced and this was
established by four witnesses. the two
bring among them and correcting their
mistake, but his honor decided We mus,
Try the issue on the bottles before US,
containing the water. and refused 10 lie,
U. avail ourselves Of the % count in our
information. or 10 give the leas, credence
L. the evidence OF the four Witnesses, with
ont word OF evidence against il,
bu, held the issue was upon the water
bottles, which had not a single word OF
evidences that j, vas the one on which the
action was pending, and so the action mad
10 fail q, ia. costs OF the prosecutors.
These we think are the facts, and such
facts as before this matter is ended will
be familiar with every man in the County
Oae thing farther the trial some doz.
zen OF " tnesses were ASKED the question
II SchnaPrs was intoxica,ing-and. read
ors, we are telling you the truth when we
state that marty every one OF them said
toy did no, know. Many of them said
n was not. Many Of them said they had
used is-itank it, had go: sick on it, and
could not say it was intoxicating, and
within two hour. after the trial several
Of them were we'll drunk, and Schnapp.
IS the only kind Of liquor now for sale
in town. We tailed IN this a.,emp. -un-
der the circumstances what else could be
expsssed. B1ll!ed down on all sides
with the ruling, OF the court, and such
testimony, we failed and have the costs TO
pay. We failed, but our ligh. hearts
sweet sleep, unsullied by rcmorse Of
conscience, will amply rerumera,e US,
and make ou' success preferable to ,ha,
OF our vic'ors.