The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1894-09-21
IT'S A KNOCK OUT.
Adjournment Of the Circuit Oourt-The
Liquor Prosecutions Practically
Come to Naught.

E.s f II
The circuit court adjourned at 1l:30l
a. N. to-day and Judge Jones and visit
ing attorneys departed for their homes
by the noon passenger.
August Strohmeier, convicted OF burg
larizing johnson Bros. & Co.'s hardware
store, was sentenced 10 year at hard
labor in the state penitentiary.
The liquor cases, which have occupied
the attention OF the court since Tues
day, have been an attractive feature OF
the proceedings and the result in each
case has been closely watched not only
by the spectators in the court room, but
Information or their progress has been
eagerly sought by business mel general
ly. This seemed to be q time when 81
thorough test OF the law was desired in
this community, since the grand jury
had made d clean sweep and called to
account every saa.oonkeeper in the coun-
ty.
OF the eight indictments, naming ten
liquor sellers, there was one conviction,
one acquittal, two jury disagreements
and six continuances. Chas. Kaske OF
Wentworth was convicted and sentenced
to pay d line of 300 and costs and sixty
days IN the county jail. He win appeal
the case to the suprem court, the
judge fixing his appearance bond at the
moderate sum of 800. Jake Honneggar
OF Ramona was acquitted on the ground
that the indictment did not properly der
scribe the lot on which he conducted a
saloon business. The jury in the case OF
John Hare OF Wentworth disagreed-ten
Tor conviction. two for aoquittal, and In
the case of j. w. Hurley Of this city this
order OF things was reversed, the jury
standing ten FOR acquittal, two for con
viction.
Taking il all, in all, the result Of the
liquor prosecutions cannot be regarded
10 any other light than a "knock OUT for
the law, so far as this community is con-
cerned. Everything in the way OF
mandy pampy sentimentality was laid
aside by tho men responsible for bring
ing the cases before the court, the pro-
hibit,on law as interpreted by Judge
Jones to the grand jury being rigidly
observed for the law itself, and not to
crafty any ultra prohibitionist or shield
any extreme anti.prohibitionist. This is
evident from the wholesale manner ID
which indictments were found. The sen
timent OF the community throughout
the trials, as observed by this reporter,
has been a desire to see the law fully
tested for the law itself, on its merits,
and not a desire u punish anybody un-
duly. And right hare comes in q senti-
ment that seems general among fair
minded men, and that Ii that the min
imnm penalty Of . violation of the pro-
hibitoryslaW il two greatsixty days in
jan, 300; ine and costs OF prosecution.
And Oh this point many trial jjaries dis
agree 81 acqnlt, conscien.iously believing
instheir own minds that the imprison-
mens clanse should be eliminated from
tthe penalty, and Thus the law fails Or its
purpose % account ot ito extreme meas-
lures.
But, the prohibitory liquor clause is
iii Bur state constitution which ought TO
be and 10 absolute, the penalties for It's
violation are. provided by statute and
onght to beof such character that they
can b rigidiy enforced and carried out
lto The letter. Nothing il 20 be gained
BY carrying Oh our statute books laws
that cannot be- enforced, and the tax
payers, % they have Alright 20 do, serl-
onsiy object I'd costs being piled up for
the ~pfoseecaution of lava that cannot BE-
snfDrced Theoreticaily prohibition u q
beautifaIp picture, but practically, In this
aommnnity, at least, II i aad has been
% expensive bpgaboo. JUDGES, iiufies,
lawyers Ind Witnesses have been cen
cured FOR undertaking 70 enforce the
Inv, and have been equally csnsufed for
{ seeming neglect In their duties