Evening journal., 1899-02-10
SAMUEL PEO ACQUITTED
Jury Decides That the Hotel
Keeper Violated No Law.
WILL NOT COMMIT SUICIDE

qF CcNV1CTIED-MlNCRs MAY
GET DRUNK-NlR C0OFERS
NEW BILL RESTRICTING SALE
OFF LIQUOR.
This mornings session CT Court Of
General Sessions was principally de-
voted to the charge Of the jury in the
case Of Samuel Peo by Judge Boyce.
In addressing the jurors Judge
Boyae said, In part, as follows;
1T will be observed that the words
Of the statute relative to minors, in
sane persons, etc, are restricted to
'sel or give away only. There is but
one count in the Indictment, and it is
charged therein that the defendant did
'unlawfuily sch intoxicating liquor.
We are asked to say to you that when
a minor and an adult go together to
a liquor saloon. and the adult orders
and pays for the whole the sale is to
the adult and the dealer cannot be
indicted for selling to a minor. This
prayer calls for an Interpretation Of
The word sell in the statute. and, it
being a penal statute, we must con-
strue It strictly and according to it's
Language"
In discussing an Illinois case the
count said: I'VE cannot extend the
terms OF a criminal act beyond its
clear meaning. We cannot cons,rue
the word 'seE' in such a statute to
mean somsthing different from its or
dinary legal import, and we can there
fore only understand a prohibition
against persons selling to minors to
extend to those who in legal
estimation, occupy the position
and are under all the obliga-
tions of contractors with mfnrs. The
prohibition against selling is only as
to the excepted classes, and no LA
lbility Of a criminal nature is imposed
upon the vendor on account Of the mo-
ltives with which the vendee shall pur-
chase or the uses to which he shall APP
ply The same. We think the conclu-
sion reached by the Illinois court S
correct"
If you are satisfied from al the
Testimony in the case that the beer
was sold T. Cavanaugh by Peo in good
faith, if any was sold at all. and not
to the minor girls, or either Of them
then your verdict should be not guilty
IN crder to determine 10 whom the
sale was made by Peo, If you believe
any sale was made at all you should
consider all tha facts and circum-
stances CT the case, and if you are
Satisfied beyond a reasonable doubi
that the sale cf the beer, or any part
of it, was made by Peo, his agent OF
ssrvant, directly CT indirectly to the
miner gl.s, or either Of them. or tC
The girls and Cavanaugh. and MT tC
T Cayanaugh alone. or, adopting the Ian
, guage of the Illinois case, If Pee
? knew or ought to have known from
j ehe circumstances that the person pur
r chasing the beer was used simply as q
j screen TO conceal the participation o
the minor in the purchase thereof
e your verdict should be guilty
The jury retired about 1O.45 o'clock
AS a matter of form, the defense en-
tered an exception 10 the charge. whicl
was Favorable to it, but Uo@be ready Il
take an appeal in case the jury de
clded that Peo was guilty. AT l1.5
o'clock the jury returned a verdict o
i not guilty and the defendant was dis
charged.
AS the ruling the count now stand
q minors can obtain drinks at will an
ea-oon-keepts cannct be held respon
sib,e. Several minors desiring to be
i, come intoxicated can readily accom-
lplish their purpose by simply gettin.
a person OF age to accompany then
and by furnishing him with the none
can cbtain al the liquor they wan
at any saloon the older person pur
chasing it and giving it to the minors
Assistant District Attorney Peter /
Clocper, Jr., will at once draw up
bin fer presentation to the General AS
a sambly making it a penal offense t
ssg or give liquor to minors, or to pei
NIT minors to drink on the premises
Samuel Peo had a narrow escap'
= land only got out on a technicaiity
y the Jaw. He not only escaped the paJ
= mene of a fine and the possible fol
Us fslture Of his Incense, hut he escape
a irh.ant death. Samuel Peo solemn.
x declared some two days ago that
convicted Of the offense with which
was charged he would take his ow
life. Fortunately for himself alor
4. the necessity of committing this ras
act was averted.
= Samuel Harman, convicted la
- ceny, was entenced to three montl
in jail Thomas Mckinley, couvict'
Of stealing ten dozen eggs, received
cfr,;Io- calrtoroo