The morning call., 1891-07-25

chitect; A. Mitchell, grocer; H. Schoenber,
giove-maker,. AMI D. P. Humphrey, ships
steward. These were not secured until
seyenty-four talesmen had been summoned.
TrooaDiy no case ever attracted greater
attention IN Alameda than this and none
eyer proved to be such a glaring farce.
Biandlng Hall was rented to try the case,
and even this was too small to accommodate
the jury. witnesses and others who wished
to listen to the proceedings. All the City
trustees and every saloon keeper in a la
media were summoned as witnesses, and
when the trial commenced the hall was
packed like sardne-box.
X. b. Tappan conducted the prosecution,
City Attorney Taylor being i'll when the
case commenced, but was present in the
defendant were looked after by George
Bahrs.
The first witness for the prosecution was
Z. +. Carlson. He testified that he drank
glass OF beer in the saloon of the defend
ant, but he did not testify that it was fur
nished him by the defendant or that ne
drank it July 18th, as charged in the COM
plant. ). j. Fish also testified that he
drank some beer in Busch's saloon. City
Clerk Millington was put on the stand
and testified to the proceedings of the Board
of Trustees in rejecting Busch's application
for license.
This was all the testimony for the prose-
cutloD, and when this fact was announced
0btuluty DduIS CTcdlSu Il SUNSdLlun Dy ask
ing the Court to instruct the jury to bring
IN verdict of acquittai as the prosecution
did not show that Busch sold beer on the
14th Of July, as alleged in the complaint.
A tilt between the attorneys followed,
| Iappain maintaining that time was not the
essence OF the complaint. The Recorder de-
MED Bahr's request and the case was given
| to the jury
The Recorder plainly charged them that
! II 1t appeared by the evidence that Busch
sold liquor ON or about July 18th they must
BRING IN verdict of guilty. But if it ap-
peared that he did not sell liquor, as al
legged, then their verdict must be an acquit-
tai. 1t was II 80 o'clock when the jury re-
tired TO deliberate, and at 8 o'clock they
announced to the court that they could not
agree.
Seven ballots had been taken, the jurors
standing on the first nine for guilty and
three for acQuittal. On the last ballot they
stood five for guilty and seven for not guilty.
Il will Stay here until l rot before L will
consent to verdict of not guilty." Said
Rev. c. q. LOOMS. with determined en-
phasiS. This gentleman is known for his
fierce opposition to saloons. and many WON
derrd why the SalUoD-keeper'S attorney ac-
cepted him on the jury.
Z. X johnson was the smart one" of
the jury, and positively refused to be guided
by the Recorders charge. He is Swede,
and once acted AS an interpreter in case in
the Superior Court, during which the Judge
described the jurors duties and rights, and
he quoted this case to his fellow-jurors,
ana maintained that the jury could disre-
gard the Recorders charge He held out
from the beginning for a verdict of not
guilty.
The jury was discharged, out not until
the Recorder gave those severe reprimand
who voted for an aequittal. Then the City
Marshal made the remarkable statement
that Busch had been tried on the wrong
complaint. and here is where the error was
made There were two complaints made
against Busch. one charging him with sell
ing liquor Oh July Sth ana the other on July
14th. The complaint used was that of the
Latter date, while the witnesses who were
examined were those who were intended for
the former date. This defect in the prose
cutlon was the cause of the disagreement,
and the seven members of the jury who
took advantage of il were: c. Il. johnson,
ID. L. humphrey, A. Ii. Keller, Charles
Grimm Charles Shaner, II. Schoenberg and
L. a. Mcdonnell.
When the result of the trial became known
there WAS a feeling of disgust among the
citizens, and. this feeling WAS intensified
when the City Marshal made his strange
statement.
The tactics adopt ed by the attorney in the
prosecution are TO delay the enforcement of
the ordinance as much as possible and the
outcome of the Busch case is the first
victory. 1t is said that Bahrs has made tie
boast that be will keep the ordinance i'll
court for two years, unless it Is rescinded
before that time,
The trial of young Busch, on similar
charge, VIII take place ON Monday. The
principal witness will be the City Marshal,
who will testify that young Busch sold him
Il glass Of liquor July 18th.
An occupied house belonging to a man
named Mcleod OF San Francisco, located on
Stanton street, was burned to the ground
early yesterday morning. The loss will not
exceed $500.
pupil in the West End School was tho
cause u the Fire Department having a long
and needless Iun yesterday. The pupils of
the school were to have fire drill, and the
PRINCIPAL sent boy named Green to sound
an alarm by ringing the school gong. In
stead of doing this he took the key TO the
hre box and rang in a general alarm.
The salary of Fred X. Krauth Jr., Chief
Engineer OF the Fire Department, has been
increased from SO to So per month.