Evening journal., 1894-09-15
POLK'S CHANCES GOOD.
The City Solicitor Fails to
Prove the Kind OF Beer Sold.
TIE CASE AGAINST HIM MAY FALL

TIE CASE AGAINST HIM MAY FALL
Judge Ban VIII walt Untn Monday Tor
the Presentation Of ushorities-A Fatal
Omission which May Defeat Justice.
A Uase FOR the Ciyn Courts other
Cases.
The case OF William Polk, charged |
with selling intoxicating liquor at /
R1sendale Park, was continued this |
morning in Municipal Court Judge |
Rsll decided that the city collector had |
the power 60 Sign the information, and |
that therefore It was valid The ex
animation Of witnesses was then taken |
up
Detective McVey testified to having
sworn ont The warrant for polk's arrest,
but could not catch him he was
arrested by Sergeant Black. who
brought him In. Before the prisoner
was locked III the cell, McYey asked him
ii he knew the cause Of the arrest, to
which Polk nnswered that he supposed
he did. He denied selling liquor, but
said that he had entered into partner
| ship with others, sometimes two and
sometimes more to buy a keg of beer
The others would sell checks aud then
when presented, he, Polk, would give
beer for them. When the beer was gone
| the proceeds would be divided No
threats or promises were made to induce
| the confession Detective Witsil was
also sworn He corroborated MoVeY.
John Davis, oolored. was sworn. He
was s little bit reluctant, but testified
1 that he had bought checks of colored
man, whom lac didn't know, at Isosendsle
Park, and had then gone 10 Polk, who
wes standing behind counter in back
room in the pavilion, aud gotten beer for
them The beer was drawn from keg
by Polk, He paid cents q piece for the
checks.
Tie prosecution rested. Mr.. Cooper
made motion for the discharge OF the
prisoner on the grounds, FIRST, that the
prosecuting attorney had negl, cited
TO prove venue Ia that he hadn Z shown
that Rosendale Park WAS ia the county
or state, or that the ofisnse was com
mitted here; second, that he had not
proved that the liquor or beer sold was
Of an intoxicating nature All that bad
been proved vas that Polk sold beer,
but there were many kinds Of beer, in
toxicating aud harmless. larger beer,
root, ginger, persimmon, honey comb
and other beers.
Mr.. Elliott thought he could furnish
authorities 20 the effect that the prose-
cution did not have TO prove specifically
the character OF the beer Judge Ball
said Il do not think the first OBI scuon
to tbs defense Is material Ia regard
to the second, the information charges
the sale OF intoxicating liquor aud the
prosecution has certainly failed to
show that the beer sold was Of
that nature These cases are 10
BE decided from testimony and
not from what We msy infer. Taere
musl be no question. as to what kind OF
beer it was Ifthe prosecuting attorney
thinks be can furnish authorities reliev-
ing he state from proving the nature Of
the beer, would like 60 SEQ them as the
court is 10th to dismiss this case as we
have an opinioniof our own viii con-
, tiuue the case until Monday morning,
tie bail being fixed at $500
Mr.. Cooper furnished the required bail
and Polk was allowed TO CO.
, Benjamin Reynolds, Elwood Gall aud
! Samuel Brooks, drunk, were hned 81
and costs
Alonz9 Irons ana William Perry, for
, disorderly conduct ssround the Court
House, were fined 81 and costs
/. Edward Ross, corner lounging, dis
charged John Connolly, breaking
window of Mrs Gardeners house, dis.
missed on promise to repair damages =.
Clayton Croft, Of Chatham, Pa was
arraigned for selling wagon, which
, Frank Sloan claimed to own GroH made
counter claim that he WAS in partner
ship with Sloan and had an interest ia
tho wagon Also thar be hadn't sold the
wagon From Sloans own testimony the
fact OF partnership was proved. Judge
Bail decided that the case was one for
the cisil courts, and not the criminal
An officer was sent with Grof to get the
/ wa pou