The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1901-01-15
WAS FINED
West End Saloon Keeper Arrest
ed Under City
Ordnance.
The MAYOR TALKS OF The Case
No Evidence Forthcoming That Tends
to Show the Case Was Not Started
In Good Faith.


Charles Bast, whose saloon is located
in West Tuscarawas street, was arrest
ed by Marshal Reinhart on Friday af-
ternoon. and fined $50 and costs by
Mayor Robertson for keeping his saloon
open last Sunday. The affidavit w;,s
preferred by Charles Miller of 1928 West
Eighth street.
A peculiar condition of affairs is al
legged in this case. 1t appears that
when Miller called upon the mayor and
filed the affidavit, he made the request
that his name should not be given to
the public as the instigator of the ar
rest. The mayor stated that he was
unable to muzzle the newspapers. MIL
Ter then told the mayor that he did not
like to have his name mentioned in CON
nection with the arrest, as 1t might in
jure him or his friends.
There appeared to be some suspicion
in the mind of the mayor that the man
was instgating Bast's arrest so as to
prevent the grand jury from indicting
Bast for keeping open Sunday. The
mayor then questioned Miller If that
was the reason that he called and filed
the affidavit; and that if it was, that
no affidavit could be drawn up which
would in any manner interfere with an
investigation made by the grand jury.
Miller stated positively that he hadn't
even thought of preventing such action.
He told the mayor that Bast had injured
his feelings some time ago, and that he
was awaiting an opportunity OF getting
back at him. Miller firmly protested
his Innocence of any colusion, and said
that his actions were entirely void of
any request made by Bast or any of
his friends.
The mayor thereupon drew up an
affidavit and Bast was arrested He
seemed surprised when Marshal Rein
hart approached him and placed him
under arrest, and when arraigned be-
fore the mayor he protested, saying he
never before had been arrested and he
was sorry to have the stigma placed
upon him. IT appears that Bast was
really taken by surprise. He consulted
with an attorney, who advised him to
plead guilty. Bast then entered his plea
OF guilty and the mayor fined him $50
including sl95 costs. The question was
again brought up by the mayor with
reference to the suspicion he entertain
ed concerning Bast's arrest so as to
avoid indictment, and Bast strenuously
denied it.
Officer Henry Piero, while patrolling
his beat met Miller and questioned him
informally concerning Bast's arrest.
Miller said that some mistake had been
made and that he was not the party
who filed the affidavit and also that
he would make it hot" for the man who
dared to use his name in connection
with the arrest. He said he knew abso-
lutely nothing about the case. |
In discussing the case Mayor Robert
son said:
Il questioned Miller when he called at
my office, as to whether or not such ac-
tion was intended that would prevent |
the grand jury from investiga ting the |
case. Miller expressed surprise and said |
that nothing of the kind was intended |
and that he simply filed the charge bel
cause of resentment for some injuryl
that Bast has inflicted upon him some
time ago. He said that he had been |
awaiting an opportunity of getting back
AT Bast, and. that as he now had the op.
portunity, he was going to do so. III
spoke TO him again concerning the mat
ter, and | naturally believed Miller and
drew up the affidavit, which he signed
from Miller's talk / was led to believe
mat he was not in collusion with Bas,
or his friends. / told him I would not
DO anything which in any manner would
prevent an investigation by the grand
jury. The assurances he gave me were
such that really believed that what he
said was true and ordered Bast's arrest.
"Bast seemed awfully surprised when
he came here and said he was sorry
such thing happened, as he had never
before been arrested and that II would
injure him. His attorney, w ]. Piero.
accompanied him and when Bast was
asked to plead. his attorney advised
him to tell just what the circumstances
were and to plead just that way, He
then admitted that he had kent b,s
saloon open last Sunday, and 1 there
upon fined him.
Miller stated that he and a friend
called at the Bast place last Sunday and
round IL open. They went inside and
something to drink, and he
used that as basis for his charge.
In looking over the 53rd Ohio state
report, page 433, find a decision render
ed by the supreme court on exactly the
same matter The case went up to the
higher court from Akron, where a sa-
loon keeper had some one arrest him
30 as to prevent indictment. He was
fined under the ordinance. The probate
court held that the saloonkeeper was
liable under the state laws. The case
was contested and finally carried up.
The supreme court decided that the
saloonkeeper could still be held for in
dlctment, and that his arrest In no man
ner prevents action by the grand jury.
This settles the law on that point. This
case Is affirmed In the eighth circuit
court report. page 641.
II certainly was convinced at the time
kl,o n fida VII flod tl.a4 - ]