Evening star., 1898-10-13
PERJURY AND COLLISION
Judge Kimballs Characterization of Testi-
mony in Liquor Trial.
Case Taken From the Jury and Vcr'
dict of AcauittaI Ordered-Aus-
tin LOTUS the Defendant.

Austin Lotus, who has been in business
as saloon keeper on NJ street, George
town. for number of years was tried in
the Police Court late yesterday afternoon
on a charge of violating the Sunday law
Judge Kimbal took the case from the
jury because of what he termed ''clean-cut
perjury committed on the part of the
prosecution, and verdict of acquittal was
recorded.
y young man who gave his name Lu
ther Butler appeared as the chief witness
for the prosecution, and his direct testi
mony made out a case against the defend
ant. According to his story, he went there
of his own volition with three friends and
bought three bottles of whisky in addition
to the drinks they had in the sa;oon. He
went in the back way and got his drinks
through trap door.
Il made the case just for pleasure" was
his answer to a question by Attorney
Campbell Darlington. Mr.. LOTUS he said,
had never done anything to him. Then Mr.
Darlington piled him with questions in
rapid succession until the witness displayed
coGSidera BILE nervousness.
Il wrote Mr.. LOTUS a letter the next
morning" he admitted.
And why?'' asked counsel
Because | wanted to do him a friendly
turn
Next he admitted that he had seen Po-
ltceman Lintlcr the night before and had
arranged to go to the saloon.
Mr. Darlington produced a letter in
which 1t was stated that Butler and an
other witness. named Mike Kriger. could
leave town for so each, and that the ex-
penditure of this amount of money would
be AN easy way out Of it,
hile the witness denied the authorship
of this letter, both the court and Mr.. Pugh
We're satisfied that Butler had written it,
and it was given to the jury for inspection
Another letter produced by Mr.. Caring
ton the witness admitted having written.
In this letter he said he wanted to go to
Norfolk for the purpose of enlisting in the
navy. and suggested that the saloonkeeper
might pay his fare and give him money for
expenses until he could enlist.
The young man said he had figured in
another liquor case some time ago
Michael kriger. who said he had been dis
honOrably discharged from the army was
called. and while he said he was at the de-
PENDANTS place the Sunday charged and
got liquor, he fatty contradcted portions
of his friends testimony
John IL. ODonnell, young man. who
SAID he accepted an invitation to get
drink, was the last witness sworn. His
testimony regarding the details of the af-
fair was entirely different from that of the
other witnesses. He said they went in an
old building in the rear of an NJ street
house, but he did not see who waited on
them, as the liquor was handed tham
through a trap door.
Here Mr.. Darlington asked that the case
be taken from the jury, as he thought the
court should countenance no such corrup-
ton.
Both Judge Kimball and Prosecuting At
tOrney Pugh agreed with him. The Judge
here remarked that there was so much per-
jury in the case that he could not allow
the jury to return a verdict against the de-
fendant. The letters were referred to by
the court as evidence of collision, and in
directing the return of a verdict of acquit-
tai the judge said he thought the matter
should not end with this verdict.