Newport weekly independent., 1901-06-21
TESTING SUNDAY CLOSING.
Prosecution of E. D. Bracy for Viola lation of Sunday Closing Law Be-
 fore Justice Martin.

law in regard to Sunday closing, which though an old enactment, that has re- mained upon the statutes for years unenforced, has recently been brought to the attention of the public by the announced purpose of the prosecuting attorney to enforce it's provisions.
 Through information filed by Prose- cutting Attorney s. D. Campbell, E. D. Bracy appeared before Chief Justice Martin Wednesday morning at ten o'clock at the city hall to answer to the charge of Sabbath breaking.
 The room was filled with spectators wishing to hear the proceedings, as the trial was considered a test case, and the enforcement of the statute in question has become subject of keen interest and argument. The morning was occupied in the selection of a jury, which proved difficult matter, as many of the venire summoned were discharged as incompetent to serve by reason of bias and prejudice for or against the enforcement of the law.
 The trial was opened at 10:30 a. m. and Judge M. M. Stuckey at once filed petition to dismiss the case against the defendant on the ground that no security for costs had been filed by the prosecution, which was overruled by the court after an argument by the attorneys.
 The following witnesses were called for by the prosecution and sworn: H. A. Ridley, Robt. Laird, Thos. Dill lard, w. R. Chopper, J. w. Grubbs and Ed. Sprigg. s. R. Phillips was called and sworn as a witness for the defendant.
 Under the questioning of the prose- cutting attorney, the task of securing a panel of twelve became difficult one, court taking a recess at 12 to 1:3o with only ten jurors selected. They were Guy Brown, Frank Foushee, Marcus Brewer, Walter Harris, H. G. Drummond, Thos. Gillian, Jno. Blanchard, T. J. Brock, R. o. Duffer and J. R. Cox.
 They were asked if biased by ac- quaintance with defendant, whether they had talked with witnesses in the case or expressed an opinion as to the guilt of defendant, and lastly whether their verdict would be prejudiced by reason of views held upon the en- forcement of the Sunday closing law.
 Among those struck off by the at torneys or excused by the court were: M. B. Hare, B. w. Hafner, T. P. Um- sted, c. w. True, Ike Goldman, c. E. Crook, J. G. Handel, R. c. Harder, T. E. Kelley, Ed. Mann, G. A. Lester, J. M. Grubbs.
 AFTERNOON SESSION.
 Court, upon reconvening at 1:30, entered upon completion of jury, which was finally secured in the ad- dition of J. w. McCollum and E. R. Beane to the names given above.
 The opening statements of the pros ecuting attorney and M. M. Stuckey for the defense followed, the latter expressing his absolute confidence in the acquittal of the defendant, pro- testing that law which had been al lowed to remain uninforced for so many years became a dead letter.
 An examination of the witnesses followed, in which they told of pur- chases made at Bracy's upon Sunday last, regarding these articles as neces sites at the time.
 The two witnesses for the defend ant, s. R. Phillips, city recorder and T. s. Stephens, city marshal, testified that E. D. Bracy held restaurant license from the city. Other witnesses were then recalled to show that pur- chases were made not in the restau- rant parlor, but in the front of the store. The defendants attorney then scored point in showing that the parlor and front end of the store were not separated except by curtains that were kept drawn.
 At 2:3O, the arguments of the at torneys began, s. D. Campbell open ing the same for the prosecution.
 VERDICT OF ACQUITTAL.
 The case of the state against E. D. Bracy for violation of the Sunday closing law was turned over to the jury at five o'clock Wednesday after noon, the vote standing upon repeat ed ballots to in favor of acquittal.