Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1901-05-15
District Court.

DISTRICT Court.
As will be seen by the court proceed
ings given below, considerable business
has been disposed of by Judge Blair
during the present term. Three of the
liquor Injunction cases were tried and
and all of them were decided in favor
of the defendants.
The first of these cases tried, was l..
A. Franks We E. F. Mulvehill, a druggist
atMasonville. The plaintiffs attorney,
j. j. Cameron, OF DEBORAH, although he
had taken dispositions, failed to o fer
the dispositions in evidence and the
court had no alternative but to dismiss
the case at plaintiffs costs.
The same is true of the next case
tried, James Clugston vs. J. p. Streigel
of Ryan. However, the result must
have been the same in both of these
cases, even If plaintiffs attorney had
not have made the mistake of failing
to offer the dispositions in evidence,
because, If offered, sufficient would not
have been shown to warrant q court in
granting an injunction.
The case of Q. A. Highfleld vs. John
Hruby of this city, was the third of
these cases tried and occupied the at
tention of the court the better part of
Thursday. Evidently some one had
Informed the attorney for the plaintiff.
of the mistakes of omission he had
made, and he not only offered in evil
dence the dispositions he,had taken in
this case, but also placed witnesses upon
the stand to support the testimony of
a detective, one VIM. A. Size. Wit
nesses were also examined on the part
of the defendant. The case was SUBJ
mitted without argument and the
court entered an order Diminishing the
petition, and rendered Judgment against
plaintiff for costs.
An incident out of the ordinary oc-
Cured in connection with the trial of
this case. An itinerate temperance
lecturer named st. John, and delega-
tion of ladies, understood to be in some
way connect I'd with local organization
favorable to the prosecution, occupied
prominent seats in the court room.
1t was creditably reported that they
were there at the instance and request
of the president of the local temperance
alliance. At any event there was little
chance to mistake the object of their
visit, and the trial judge could not well
permit the uncalled for imputation to
pass unnoticed.
For a period of more than fifteen
years Judge Blair prosecuted, without
compensation, those who sold intoxi-
eating liquors in this county contrary
to law. And to his labors, probably as
much or more than to those of any
other one man, is due the fact that
Delaware county has not for years had
such place as an open saloon. Since
he has occupied position on the bench
of the district, upwards of hundred
persons have been convicted in his
court for violations of the liquor law,
and it is reasonably safe to say that he
has ordered like number of injunc-
tions for the abatement of places where
intoxicating liquors were being sold
contrary to law. There has been no
failures in his court in any liquor pros
ecutions honestly commenced and
honestly prosecuted.
In rendering his decision in the case
at bar the Judge SEVERELY censured the
methods resorted to by the prosecution.
Under the evidence and attendant cir
cumstances he could not well have done
otherwise and maintained the integrity
of his court. He commented upon the
fact that the case was not commenced
at the instance of citizen of Delaware
County, for an actual violation of law
but upon manufactured complaint
worked up by outsiders. The initiatory
step.in the case was taken by man nam
ed Ii. II. Abrams, of Des Moines. He
went to DEBORAH and called upon Law
yer Cameron of that place, and arran g.
ed with Mr.. Cameron for the prose-
cution of liquor suits for the fees al
lowed by statute which are not less
than $500 in each case. Instead of
selecting some county where the open
saloon Aourishes, in broad day, without
molestation and without censure, they
decided to operate in Delaware County.
There was no evidence that these men
had any reason to believe that the law
was being violated here and their OBJ
ject in coming here instead of going to
some community in need of outside
help, may be readily understood.
The next step on the part of the proc
ecution was to employ SO called detec-
tive named VIM. Size, OF Marshalltown
Iowa, and supply him with money, not
for the purpose of discovering some
offense that had actually been com nit.
ted,.but to go out and work up an offense
in which the detective would become q
particeps criminis.
The judge said that 1t would be q
reflection upon the bar of the county, II
it were necessary for anyone to go out
side of the county to procure an attor.
ney to prosecute violator of law. But
there was, however, q broad distinction
between wilful violation of law, and
a transaction brought about through
the schemes of person hired and psic
by the prosecution for that purpose
That it was creditable to the bar of thu
county that no member of it had showr
q willingness to engage in such work.
All that the detective was able tt
purchase from Mr.. Hruby was glass