Omaha daily bee., 1898-07-28
BALL Is HELD FOR TRIAL
Judge Bnxter Decides One Case Is
Strong Enough to Require
Further investigation.

County Judge Baxter dismissed one OF the
cases against William Ball of Valley, the
one for keeping liquor on hand with intent
TO violate the law, but he held him on the
other, namely, for disposing of beer con-
signed to him. TIT bond was fixed at 5000.
The complaint in the former case was
based on section 90 Of the liquor law. The
only evidence in this, said the court, against
Ball amounting to anything was that of
Andy Sawyer, but it was of a questionable
character and the court would not hold any
person on any evidence of that kind. AS to
the other case, Ball, himself, had stated on
the stand when testifying in his own be-
half. that he had had beer consigned to
him by the keg from this city, his explana-
tion being that he had turned it over to
John wager without profit. 1t was an
arrangement entered into between the two
men to save Wager money. However, tho
section under which this case was brought
is very explicit. 1t is section II and does
not make any allowance for any question OF
intent. 1t says: ITO sell or give ava on
any pretext." Judge Baxter considered the
evidence of Ball ample of itself to show
! probable cause that there had been a viola
| ton Of the law.
The substitute bottle of liquor did not cut
much of n figure either way. Anticipating
that the defense would try to make it ap-
pear that there was a conspiracy among the
witnesses for the state to palm off the sub
stitute on the court as original, Mr.. Winter
endeavored to have Lon Byers, one of the
Valley village board, swear that Attorney
A. J, Sullivan representing the defense. had
told him on Sunday last, while Marshal
Miller and Constable Rice were armed with
a search warrant, that he (sullivan) had
then the original bottle in his possession,
but the court sustained an objection from
Attorney Rich, who also engaged in the de-
Tense.
Mr.. Rich, in his argument, commended tina
the authorities for the state were "persecut-
Ing rather than prosecuting his client, con-
sidering that the matter had already beer
sifted by Justice of the Peace Stenglein and
he made much of the right of the defendant
to have a bottle of liquor in his ice box a
home for the benefit of himself, family ant
friends, If he desired to keep 1t. The con.
signment of the beer to Ball, said Mr.. Rich
was not conclusive in showing that Bal
was criminally guilty Of a violation Of tn,
law.
The surety for Ball was Edison Rich him
self. Mr.. Rich did his best during the after.
noon to have Judge Baxter reconsider hi.
order by presenting to him the law ant
Solho ueSiefous covering the point OIL bali
responsibility for having the three kegs o
beer pass through his hands, but Judg
Baxter maintained that all he could do wa
to determine as to the probable cause of
violation OF the law by Ball. II the guilt o
innocence. said he, had to be settled on
way or the other by himself he did no
think the evidence was sufficient to convic
in the face of the rulings of the courts o.
the question Of giving liquor. Mr.. Ricl
then endeavored to persuade the prosecuting
attorney, Mr.. Winter, to have the cas-
, dropped on the ground that it would be i'm
possible to find a jury that would convict
Mr.. Winter, too, thought that a convictlo
would be rather improbable, but he felt
. his duty to TAX the matter into court an
t have it determined there.