The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1899-10-13
HOT TONIC
FOR THE STATE.
Some Law Points and Some Fun
in Carroll County Court.
HOIST BY THEIR OWN PETARD
Judge Taylor sustains Motion or Two
and a Canton Lawyer Comes Home
Feeling THAT he Had
Good Time.

There was a spicy contest at Carroll
ton in common pleas court Tuesday in
which Canton defendant and Canton
attorney came out ahead and had a
lot of fun in the bargain. A year ago at
the Minerva fair, George Schlemmer,
of Canton, and William Brobst, of Can
field conducted stands to dispense
liquid refreshments. Brobst sold what
was known as Hot Tonic" Schlem-
mer quenched his customers thirt
with Malt Mead" Both men were in
dicted on five counts for selling intox-
icants in dry township. Schlemmer
got c. c. Bow to defend him and Brobst
retained Fimple and Mcdonald, of Car
| rollton. The cases being identical they
were punched. Mr.. Bow insisted on
seeing the indictments. Prosecutor
Emmett Adair, of Carroll county, as
sured Mr.. Bow that the indictments
were all right. They were of the usual
printed form-which stated that the
said defendants did sell, furnish or
give away intoxicating liquor. Mr.
Bow pinned his case to that little con-
junction "or." He went into court and
moved to quash the indictments on the
ground that the statements were too
indefinite to constitute an offense
Judge Taylor upheld the motion, the
law being that way. The indictment
should have read Did SELL furnish and
give away"
But Prosecutor Adair was not going
to be thrown down that way and when
the last grand jury met Schlemmer and
Brobst were again indicted. The in
diCtments read this time that the de-
PENDANTS did sell, furnish and give
away intoxicating liquors to persons
unknown to the grand jury"
The case came up for trial Tuesday
before Judge Taylor and a jury. The
State went on with the case. c.. b.
Sala proprietor of the Minerva News,
went upon the stand and said he had
bought and drank Hot Tonic" and
Malt Mead" He said he told the
grand jury so. Then Prosecutor Adair
himself took the stand. He too had
gone around to work up a case and i'm
bibed in Hot Tonic" and Malt Mead"
He too declared he had testified to the
fact before the grand jury.
| Both Sala and Prosecutor Adair are
reported to be strong temperance men.
They pose as such in Carroll county
and when they got on the stand Mr..
Bow proceeded to have some fun. He
questioned them closely as to how they
knew the beverages were beer and the
witnesses are said to have squirmed
and wriggled and blushed like every
thing when forced to tell that they
knew beer when they tasted it.
The State went along swimmingly
however till they got through then the
lawyer for the defense sprang another
surprise on them. The testimony of
both Sala and the prosecutor showed
that they had been the witnesses before
the grand jury and yet the indictment
read that the liquor had been furnished
to persons unknown to the grand jur-
ors." The prosecutor had put it that
way to fool the defense and not let
them know what was going to strike
| them. 1t proved to be a case where he
was Hoist by his own petard."
Attorneys for the defense simply
moved that the court instruct the jury
to bring a verdict for the defense be-
cause the indictment did not conform
to the evidence. The indictment said
the grand jury did not know who had
purchased the liquor when the facts
showed that the grand jury did know
| it was Sala and the prosecutor.
The law in such cases is plain and
Judge Taylor was forced to instruct
the jury to hold for the defense. 1t was
done and Mr.. Schlemmer came home
with his attorney in the evening.