The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-01-10
A LIQUORSELLERIN STRIPES
Judge Irwin Sentences Jacob Henry to
Imprisonment in the Work. House.
His Original Fine of $25 Is Also Increased to
$50-Dismssal of the Case Against Gro
GER Clarke-0ther Court Matters.

on record decision that is as severe as any that
has ever been rendered by the Mayor. The
saloon-keeper on trial was Jacob Henry, charged
with selling on Sunday. The case was one of
the most aggravating that ever came before the
Mayor. During all last summer Henry gave the
police much trouble, and dozen fruitless
attempts to get against him were made.
In his saloon he had elevator arranged from
the bar to the floor above, where he served his
patrons in his private apartments By some
strategy. the officers got into the place, and
when Henry was brought before the Mayor he
was lined so and costs and sentenced to the
work-house for thirty days. An appeal fol-
lowec. and the called for trial in the
Criminal Court last week. The defendant
elected to try by court, and after the evidence
had been partially heard. the defendant asked
for continuance because of his witnesses
could not be present His request was granted,
and the case came up for final hearing yesterday
morning. The evidence of the officers who made
the arrest was positive as to the sale having
been made, and the defendant furnished no
proof that the beer not sold and drunk in
the private room described above. The defend
ants attorneys pleaded for acauittal on the
ground of insufficient evidence but Prosecutor
Mitchell made strong speech, insisting that the
Njud emens of the Mayor should be affirmed.
Judge Irwin. in rendering his decision, said he
had no doubt as to the mans guilt, and as the
testimony showed that he had carefully ar
ranged to violate the law, knowing well what
the consequences would be if he caught, he
saw no reason why the severest penalty should
not be inflicted. He then stated that ne would
increase the fine Of $25 assessed by the Mayor to
$oO, and add imprison meDt in the work house
for twenty days. The courtroom was well
hlled with saloon-keepers when the verdict
announced, and they Immediately left a very
despondent set of men
ffor IL. T..
decision, Henry demanded that he be given
jury trial, claiming that trial by court was not
his choice, but his attorneys guieted him with
tho Information that it was then too late to ask
Tor q jury trial.
"A motion was made for a new trial. sbut Judge
Irwin overruled it, and passed Judgment the
asked for on the ground that the judgment of
the court was not sustained by sufficient evil
dence and was contrary to law. The appealwas
granted, with John Schmidt, of the iSchmldt
Brewing Company, as bondsman.
AS soon as the proceedings in court were
finished the Judge ordered that Henry be taken
to the wcrk-house and shortly before noon he
was taken out by Deputy Sheriff Greinsteiner.
He reached the prison in time for dinner and
immediately after the meal was put into
the bath-tuo scrubbed, and then
donnsd the striped suit During the trial and
after the verdict had been rendered he seemed
to be cool and Indifferent, but after he had been
and expressed to the attendants regrets that be
had not obeyed the law. His saloon, East
Washington street. remained closed until late in
the afternoon. when q brother from the country
came in and took charge of it. The costs in the
case amount to $74 40, and even if the case
should be reversed in the Supreme Court it will
hardly be done in time to more than save pay
ing the fine and costs.
Henry's conviction was the main topic Of
conversation among the saioon-keepers yes
terday afternoon and last night. and it was
generally agreed that it would be safe
to obey the law in the future. With James
Burns in the penitentiary for two years
in rk-hn for fvan
days. they do not find much encouragement in
defying the law. They now have but one hope
left. and that is that no jury can be found that
will add work-house sentence. The other
loon-keepers who have cases pending in the
Criminal Court say that they will demand jury
trials Among citizens generally the verdict
of Judge Irwin is regarded as a just one, and his
stand, 1t is believed, will do more to compel the
saloon keepers to obey the law than one hundred
convictions in the Mayors court No class of
people are rejoicing more than the police.
Grievances of Unhappy Married People
Stephen Dunn has petitioned the Superior
Court for divorce from his wife, Belle Dunn,
alleging abandonment and cruel treatment. Ac-
cording to his complaint they were married in
Boyle county, Kentucky, in April, 1885. They
lived together as husband and wife but shree
months, and then Mrs. Dunn left home, and has
since refused to recognize the plaintiff as her
husband. Dunn further alleges that his wife.
during the short time she lived with him. abused
him. ana treated MS cnlluren DV q former mar
riage in an inhuman manner. The defendant, it
is alleged, is still q resident of Boyle county,
Kentucky.
Malinda Tinslev has asked the Superior Court
to grant her divorce from John d. Tinsley, to
whom she WAS married in 1876. She charges
cruelty and failure to properly provide for her.
Three children have resulted from the marriage,
and the plaintiff says she would like to have the
custody of them but has means with which
to caro- for them. She therefore only asks that
she may 6e allowed to 60 and see them when
she desires.
Albert Petsch, residing at No. 2s4 Yandss
street. has been made the defendant in a rather
sensational divorce suit, brought in the Superior
Court by his wife, Rosa Petsch. Their mar
rage she says, occurred in April. 1873. They
lived together happily until three children had
been born to them. She charges that since that
time, nine years ago, her husband has been an
habtual drinker OF intoxicating liquors, and has
treatsd her in cruel manner, having on fire.
specific charge is made that Dec l he at
tackled her in a violent manner and beat her
over the head and face. Since that time she
has, she alleges. been in constant fear that her
life would be taken, and for that reason has
spent most of the time ct the houses of her
neighbors. In addition to the divorce decree
she asks to be given the custody OF the children
and 81 900 alimony. In a sub-complaint she sets
forth that her husband has put considerable OF
his property in the name of another. in order to
prevent her from getting possession of 1t, and
she asks that writ OF repleYin for sucn prop
erty be granted her.
The Case Against Grocer Clarke Dismissed.
W. H. Clarke was tried before United States
Commissioner Van Buren,, yesterday, on the
charge of selling oleomargarine for real butter
and for not properly stamping it. While the
evidence showed that purchasers at Clarkes
stalls in the market-house had been given oleo-
margarine for real butter. the guilt could not be
located on any particular one. Clarke hms elf
stated that when customers called for cooking
butter he Usually sold them oleomargarine, and
he thought they generally understood it, but
when they called for good country butter they
got il. AS TO properly stamping the papers.
there evidence OF great carelessness. but
Clarke produced witnesses who testified that
they had frequently heard him caution his en-
pIoyes about being careful to properly brand the
paper in which oieomargarIne was wrapped.
After hearing all the evidence the Commissioner
dismissed Mr.. Clarke with injunction to
arcisa mora cara in the use OF the brand. Mr.