Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1867-02-22

FRIDAY, FEB 2cD. 1867.
At nine o'clock A. N. the first Of these
cases was called up. The court room Wa
denssly packed with both believers in tom
perance and Lager" II seems to be the
object oi the defense in this case to show
that the defendant had sold nothing only
legal spirits liquors as the law
allows. The case Is one Of much interest,
aud will probably be . precedent, in some
particulars, for the cases TO follow. There
are about seventy>tive of these cases to be
disposed of. About one fourth Of the
number originally indicted have come before
the court, pleaded guilty, representing that
they had quit the traffic, and have been dis>
charged on the payment Of costs. Ihe fol-
lowing case, No. 1896, State Of Iowa,s. II.
Claussen, Of 81 West I'd street nuisance ;
plea Of not guilty
The defendant is charged with selling in.
toxicating liquors contrary to the statute
made and provided against il. Messrs. w.
Z. Lefiingwell, Grant & Smith, Cook 4
Drury, l.. Claussen. Parker 4 Mcneil, and
w. I. Dittoe conducted the defense.
After some little difficulty Jury was en-
pannelled, consisting Of the following gen
men. John l.. Cast. A. L. Andreas. John
Hoist, George Backus, b. r. Coates, W. n
Grier. J. A. LcClaire, Fred Lambach, Benz
Cresa ell, John EIdridge, G. J. Jones. Fran
els Mcy r.
QUESTION TO TnE yuRY.
In examining the Jurors touching thsil
qualifications, Judge Grant propoundsd thu
question, whether any one Of them belonged
toa Temperance Association, which Wal
objected to by Mr.. Ellis, and the objection
sustained. A Juror being asked II he had
any implied bias-the question was over
ruled by tho Court. The question, "Dt
you belong to any secret society having fol
its object the prosecution of any violations
Of the Prohibitory Law" Was also overrul
ed. A Juror having said that he had pref
udice against the use Of intoxicating liquors
and against those who sell IL, but knew h,
had sufficient control over himself to render
. verdict according to the law and the evi
dencc, he was challenged for cause by tn
defense, and the challenge overrulcd by thu
court. rhe Jury were accepted aud sworn
in ut half past ten.
THE INDICTMENT
Charges Henry Claussen with the Grim,
of nuis lnce in selling intoxicating liquor
on or before the 1st day Of November, 1866
The prosecuting attorney, Mr.. Ellis, reat
the law and briefly explained it. Judg'
Grant then rose aud stated that he had som,
considerations to submit to the Jury. ant
urged them to consider the defendant inno-
cent until proved by positive evi!ene'
guilty aud the first witness,
MIR. NILES, A POLICE OFFICER,
Was called, and testified as follows =
Lives in Davcnport-is acquainted with th'
defendant him previous to last No
velnber. He keeps = drinking saloon OF
Second, between Main and Harrison streets
Knows that the defendant ssld intoxicating
liquors = has drank whisky there himsel
once, and Mr.. Miller paid for it Has sect
others drink there. This was in last Sep
tember of October. There is Jenny Line
table and bar in the place. and tho bust
ness seemed to be selling liquors and posi-
bly, cigars. There were bottles on tn
shelves, appearing TO be be flied with liq
uors Does not remember who waited OF
him.
Cross Erdmiaed-Only knows dcfendan
kept the place by seeing him there, AM
reading the name over the dooi. The sig,
reads Henry {. claussen.'
Witness replying to the question "Hov
he knew any other reason to suppose dc
fendant to be keeper Of the saloon" and re
plying "tha; he heard Others say so"-ths
defense objected to the prosecution proving
their case by hear-say evidence or reputa'
ton
Did not make any complaint against thu
defendant for selling the liquor, though
was his duty as special police officer to d.
SO.
MARTIN FOLEY SWORN.
Lives in Davenpor.-has done so for /
years. Knows defendant, who keeps . -
loon in this city. Knows the defendant sell,
Intoxicating liquors-he has sold whiskey
docs not know the exact date It was
some time last summer. las been in tn,
place several times. II Was = drinking %
loon and contained . bar, pigeon hole tabl
and card tables.
Gross Erdmined. d.-Has drank Whiskey il
the saloon-that 70 he called for tit look
ed like it, and it tasted like it-Clausses
waited upon him. Has drank beer there
The whiskey aud beer did not intoxicate a
he did not drink enough. Has been intox
icated.
WILLIAM MILLER, SWORN,
Has lived in Davenport IL years, knew
the defendant BY sight last November ant
previously. Knows Claussen keeps %
loon on Second street. Does not know
whether Claussen sells intoxicating liquor
-as he never tastes them. Was there viii
Nies-had wine and watsr-doss mot knov
what Niles had. Paid for what they drank
Heard no person call for whisksy while b.
was in the saloon. Does not think Nilsl
called for whisksy. Knows that Clausse'
had beer and wine.
Court adjourned till o'clock, P. n.
AFTERNOON sEssI0N.
L. }. cBNrER. SWORN.
Is . resident Of Davenport; does no
know the defendant by name, but has sssi
him, he thinks, in the streets understand
Re keeps saloon on Second street-a secont
or third Glaze drink;nO ueloon uas in IN.