The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1892-01-28


When Join$ist 5warts vss sr
raigued In the police court last vssl
Wednesday . lively scene was pre-
septed. Policeman Ben Hancock, q
the hour for trial drew near, retired
TO the depths below and reappearet
Q few minutes later bearing six bot
ties Of evidence. County Attorney
Levitt tried to bring the offender r.
. state OF penitence by singing gos
pei hymns to him, but IL was no 20
Later on Senator Mobler, counsel
for the defendant entered, borrowed
Q chew Of plug tobacco, and moved
to quash the whole business on &C.
count Of Its being unoonstitutional
and interfering with the personal
liberties Of the citizen. Judge Mus
ser could not see it In those lamps,
evidently, for he refused to take the
Senator's advice, although II was
rendered In the utmost good faith,
aud with gravity betting the ma
ture OF the proceedings. After Q
season Of chewing the rag the matter
was continued to Friday afternoon.
On Friday afternoon the black ,sus-
picious looking bottles were again
placed upon the table. Judge Mus
ser sat at one corner, aud the at
torneys for the prosecution aud de-
tense occupied opposite sides, rs
usual In such cases. Several wit
uesses testified that they had -pur-
chased bottled goods OF Swartz, but
they were Of n mild, unostentattous
character, and not calculated to con-
fuse mans mind aud tangle up his
legs. Then Policemen Ben Ham
cock and Zimmerman who made
the raid told about 1t, why they did
il and what they got. Uncle Ben
explained to the court the relation
the bottles bore to the affair and by
skillful wording managed to avert
q riot when he told what they con-
tanned. Then City Attorney Carver
uncorked the ones supposed to con-
tain beer, smeIled Of them passed
them on to the court who also took
u good long pull at them with his
nose, and he i'm turn passed them on
to the attorney for the defense, who
observed that "a he was q tetotaller
he would touch them lightly. An
old tin cup was procured, the city
attorney poured some out into 1t
and every time the court and at
torney for the defense became rest
less or uneasy he passed II over to
them. The other bottles were treat
ed in a like manner with the excep-
ton of one which was claimed to be
"private" whisky bottle.
II held = quart. The court became
that the beer was beer
and had been offered for sale, that
the accused was guilty on one count
at least. He ordered the beer and the
"private" bottle to be destroyed aud
then tempered justice with mercy
until he obtained q solution that was
1915 aud costs" This was
applied to the private" purse Of the
accused, aud It is hoped will be ef-
In preventing future out
breaks of troublesome disorder.
One count stands open yet because
the attorneys were unable to agree
as to whether some bottles contain
ing q decoction labeled Hop Tea"
was intoxicating. The city attorney
suggested that the attorney for the
defense drink tie contents OF the
bottles, and leave it to the court
as to whether "Hop Tea" was
but the gentleman OF
the defense claimed that would not
be expert testimony and wouldn't
do. So the stuff was sent away to q
chemist to be analysed and Mr..
Swartz may yet have to take another
bad dose Of medicine.
In Judge Bishops court John
plead guilty to the
charge Of selling liquor on one count
aud was assessed sl3l fine and costs.
He also gave bond not to engage in
the business Of retailing bug juice
for one year.
Eli Davis paid $64 In costs and
Joseph Stsuber $50 costs, and both
q bond that they would
not engage In the business Of unlaw-
fully selling liquor for five years,
after which they were allowed to de-
part in peace.