Litchfield enquirer., 1879-10-09


 held the liquor as security for g. GOO.
 Gross Eramined. d.-Papers were drawn at n,y office. Myself and my partner went as assistants Had done it several tiI1es before. Signed the complaint myself; think my stu dent signed with me- Had no design to ln- copyenience Mir. Bills on his press day. The lower outside door was locked when VIC went down stairs. Was counsel on trial of this case before the justice. Know of no fund to pro- vide pay for my services. Have received no Day. Am prosecuting agent for the county
 The testimony of Messrs Hathaway and Wilcox two other of the officers assistants, .carrohoraied that of the witnesses we have above given. Rollin II. Beecher. who was employed by Bills as book-keeper. also testified much to the same effect In reply to the foregoing evidence Mir. Bills called several of hls employees as witnesses, but their testimony varied but little from that we have given above. The strenuous opposition to the otfi- cers entering the basement door, and the as- sault on Lawrence, were not denied. In re- gard to two of the prisoners witnesses who Were absent, the States Attorney admitted that they would swear that Bills only acted in self defence and that he was not apprized that Ryan was constable.
 In argument the chief point relied upon by the prisoners counsel was that the warrant on- ly authorized the search of the basement as that was the only part of the building occupied by David Williams for storage of the liquors averred to be his property, and had an outer door near the compartment in which the liquors were found. MT. Hollister denounced the officer with much bitterness as the 'scav- enger of Winsted fanaticsm," and drew an amusing picture of Mir. Lawrence acting in his various capacities as complainant, officers assistant, attorney for ths prosecution and witness, and claimed that his client had acted lawfully in resisting the searching of his premises a.
 The judge charged the jury that if on exam- ination of the warrant, in connection with the evidence. they should find that the officer and his assistants had no business in the upper acquittal. After a short consultation the jury came Tn with verdict of acqnittal.
 We give this case considerable prominence as showing the practical difficulties in the way of enforcing any form of prohibitory statute The proceeding was highly proper one. Having found that 8 saloon-keeper was storing liquors in an adjoining building, lawyer draws up his process in due form, and goes himself with the officer to see to it's proper execution. They found the liquors but, be- cause they obtained access to the room in which they were stored through an upper room, in- stead of going to the basement door, the propri- etor is held justified in resisting the execution of the warrant of seizurel Then, as to the liquors themselves, another technicality intervenes, and no judgment can as yet be obtained against them &
 No doubt the utmost caution should be re- qulred in conducting seizures of property :; but the technlcallties which are intended for the protection of honest men from arbitrary Searches and seizures, become, in liquor cases before hostilejuries, merepretexts for screening rosues from justice. In the case in question, We cannot see how the officer, under Mir. Law rence's instruction, could have conducted his search with more consideration for the rights of Mir. Bills than he did. He waited for him to return from dinner before asking admittance to his promises. He went to what we take to be the main and usual entrance of the News office, and met with his chief resistance at the door leading thence into the basement he had all undoutted right to search, and where he found the liquors for which he was searching. In taking that mode of access, instead of .ic- nail:irs adnittance at basement door that seeus to have been used only by employees yf the office, he treated Mir. Bills fairly and con- sidcraley; and,I we firmly believe that the officer would have been protected by the lu.y but for the prejudice that seems unavoia..--.e e in liquor cases.