Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1901-05-23

HoVet CedSlHS Wsll TOT anything
having the least appearance of an at
tempt to carry on clandestine traffic
in liquor.
Shortly after the closing of the sa-
looms a car load of beer shipped from
the Omaha establishment of the Krug
Brewing Company arrived in Missouri
Valley and was Immediately stored
away. Upon learning of the presence
of the beer within the borders of this
city the temperance advocates i'm.
mediately caused search warrants to
be issued. Subsequently, the beer was
taken in charge by the Sheriff pending
the conclusion of the hearing wherein
;he anti-saloon element sought to
prove the beer was intended for sale
contrary to law and if such charge
could be proven desired its confisca-
ton. The case WAS commenced in
Justice Dances court several DAYS ago
a change of venue being ultimately
taken to the court of Justice French
where the case was called up for final
hearing yesterday. After examining
q long list of witnesses continuance
was taken until this morning when
the Court ordered the release of the
beer and Its immediate shipment to
Nebraska. There may be difference
of opinion regarding some phases of
the case tut the general verdict ap-
pears to have the hearty appreciation
of the business element of the city
Following appears Justice Frenchs
VERDICT:
The intent of the defendant is the
gist of this action.
The State must stand or fall on the
intent of the defendent or anyone un-
der HIM in the manner in which the
liquor was to be handled, whether ac-
cording to or contrary to law.
The evidence shows that the car
load of liquors shipped to r. G. Elem
ing and by him placed in cold storage
in Missouri Valley, the evidence of the
Sheriff and the defendent also show
that at the time of the seizure no
package had been broken and that the
liquors In the cold storage were i'm the
same condition as when unloaded from
the car. The defendent further testi-
fies that the liquors we're not shipped
here for an unlawful purpose and that
he had no intention of selling the same
in an unlawful manner.
No positive evidence has been intro
duced to prove that II. G. Fleming has
sold liquors of any kind since April
Bird, 1901 but on the other hand the
Idefendent testifies that he has not.
The plaintiff in this case asks this
court to take the testimony of the:de-
fendent, which if q part is taken as
true the whole must be accepted as
such, that the defendent had no inten-
ton of selling liquor contrary to law,
and that he did not have it shipped
here for an unlawful purpose, it is
clear to this court that had the defen.
dent intended to sell liquor contrary
to law he certainly wouldn't have had
it shipped into Missouri Valley, city
of nearly five thousand inhabitants. by
the car load lot
Ii this court understands the object
of the law it is to punish the guilty
and IN protoot fJo ip,,ono,,A ,,,.l .s,,..
body under the law is presumed TO be
innocent until the contrary appears.
Ii this court should wrongfully or
der the destruction of the liquor here
in named it would be the means of
taking from the defendant an amount
reaching nearly 5000, the loss of which
sum would leave him pauper OIL the
streets of Missouri Valley and with a
family of small children to support.
Undoubtedly the object and purpose
of this prosecution is to put stop to
the illegal sale of intoxicating liquors
in Missouri Valley. Now according
to the testimony of r.. G. Fleming he
had no intention of making any
farther sales of intoxicating liquors in
this city, and if that be true this prose
cution has accomplished all that it
was expected to and gives every citi
zen his equal rights under the law and
the defendant might be permitted te
ship this Car of liquor back to Omaha
and thereby receive back his 5000 and
thereby the defendant and his family
will have their rights and no wrong
has been done to any one. Under al
the attending circumstances, and evil
Gence introduced the court finds fol
the defendant.
In this disposition of this case it ap
pears to me that the law is vindicated
the rights of all conserved and wron,
done to no one. In arriving at thi
verdict have conscientously sough
to do no injustice to any one. l hav
no sympathy with the illegal sale o
Intoxicating liquor in this city AM
hold myself in readiness to aid in it
suppression. q. l.. FRENCH.
l Justice Of the Peace.
i II. v. Goodno, employed at the rail
road shops here as helper in the store
house department, had theindex tinge
nf hio rjnhf hand pojpfn1lv ohio