Griggs courier. (Cooperstown, Griggs Co., Dak. [N.D.]) 1885-1902, 1898-02-25
c. 0. D. PACKAGE
Of Liquor Csuses Trouble At
Buxton.
The Local Express Agent Con.
victed of q Violation of the
State Prohibition
Law.


victed last week of a violation of the
state prohibition law. AS such agent
he delivered q package of Intoxicating
liquor and took therefore the price and
carrying charges from the person to
whom he delivered it. The case at
tracted considerable attention, as the
question is an interesting one, upon
which even lawyers have held various
opinions. Judge Pollock's exposition
OF the law as laid down in his charge
to the jury in this case will be of in.
terest to our readers. and The Argus
gives it in full, as follows:
Gentlemen of the Jury:-The defend
ant stands charged in the Indictment
with the crime of selling Intoxicating
liquors to wit: that at the county of
Traill, in the state of North Dakota
on or about the first day of November,
1896, the defendant viii fully and un-
lawfully sold to one Lars K. Eiene 1n-
toxicating liquors, to-wit: one gallon
of alcohol, as a beverage.
The law applicable to this case is as
follows: ''Any person, association,
or corporation who shall. within this
state directly or Indirectly, manufac-
ture any spirituous, malt. vinous, fer
mented or other Intoxicating liquor,
or shall import any of the same for
n Ia M ri f. o ~ 1>,yovo, ~, oh 4, n l,,,,,
for sale or sell or offer for sale or gift.
Barter or trade any of such intoxicat-
ing liquors as a beverage, shall for the
first otfense be deemed guilty of a mis-
demeanor. *
The testimony on the part of the
state among other things, shows that
the liquor alleged to have been bought
was gotten from the defendant as agent
of the Great Northern Express Co.,
and that at the time he secured the
same he paid therefor about the sum
of $3.85.
The defendant admits that at one
time, he, as agent of the Great North
ern Express Co., and not otherwise,
delivered to the defendant package
which he had received from the ex-
press agent upon the Car of a Great
Northern Railway train. which pack
age was what is commonly known as a
c. o. d. package and the defendant
offered in evidence exhibit A, which
exhibit bear upon its face certain
abbrevation, among other abbrevia-
tions C. o. d., which, explained by the
defendant, means collect on delivery
and the defendant admits that at the
time of the delivery of this package to
the complaining witness Eiene, and
collected from said Eiene the sum of
So. Is the amount to be returned to the
shipper, 45 cents carrying charges, and
Is cents return charges upon the re-
ceipt of the money therefor all took
place at the Office of the Great North
ern Express Co., of which he was
agent in Buxton, Traill Co., North
Dakota. But he especially denies that
he knew what the package contained
or that the same was to be used as a
beverage.
1t is your duty to take into considcra-
tion all of the surrounding circum-
stances and facts touching the question
of such agency, what rights and powers
the defendant may have had concern
ing the package in question, whether
or not the defendant could or could
not deliver the goods to the witness
Eiene except upon the payment of the
amount specified in the C. o. d. bill,
together with the charges for transpor-
tations of the box and for the return
of the money paid. And you are also
to determine whether or not the COM
pany and its agents did or did not un-
derstand the direction upon their re-
ceipt of the package to be that they
should not deliver the said package to
the complaining witness Eiene with
out the prepayment to the said COM
pany or its agent the amount specified
in the c. o. d. bill together with said
charges and payment for money re-
turned.
If, gentlemen of the jury, you find
from the evidence that the complaining
witness Eiene received some alcohol to
be used as a beverage, and not for the
purpose of sale in violation of law,
from the defendant as an individual OF
as agent of the Great Northern Ex.
press Co., conveyed from outside OF
the state into the state, and that at
the time of the delivery of said alcohol
in package concealed by covering
or otherwise, he received the value
therefor, for the owner, through the
means of what is commonly known