Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-11-05
The Grinnell News.
LIQUOR CASE coNrn,uED.
,ecisl to Times Republican.

Special to Times Republican.
Grinneii, Nov. 5.-The case OF the
state Of Iowa VS. seventy-two packages
of liquor seized at the office of the Adj
ans Express Company in this city was
set for 10 o'clock yesterday morning be-
for Mayor Spauldin2. On account of be-
lated railway trains and the usual de-
lays caused by the lawyers the hearing
did not begin till after the noon adj
journment.
The first move by the attorney FOR the
defendants was to attack the jurisdlc-
ton OF the court because this was
state case which could not be heard be-
fore mayor. The court, however,
overruled the motion on the ground that
the statute gave mayors the same jur-
isdiction as that possessed by justice
of the peace The defendants waived a
jury and the prosecution introduced
their witnesses to prove the seizure OF
the cases containing liquor ard that
some of the cases We're broken open and
part OF the contents gone and in one or
the cases of beer some of the bottles
were empty. The state also brought for
ward witnesses who Swore that they
did not order the liquor which was con-
signed to them. Also one witness who
| testified that he gave his order to
Davenport firm.
The evidence put in by the defense
was for the purpose rf proving chat the
| liauor was ordered from and shipped by
! dealers whose headquarters We're out OF
| the state and so the transaction was
| protected by the federal law regulating
| Interstate commerce. They also in
| troduced witnesses who testified that
| after receiving each case of beer
| which had been consigned to them and
had opened the case and taken out sew
eral bottles of beer, they had taken the
| broken case back to the express office
| and left it for safe keeping and these
! were among the liquors taken.
This testimony was for the purpose of
explaining the condition of the broken
| Packages. One of these witnesses testi-
| fed that he drank all of the beer in the
| four bottles during the short time he haa
| the case out of the express office and die
rot feel any bad effects of the liquor.
! The defense introduced the return Z. VI
| ID. envelopes to prove that the liquor
! was shipped from outside the state pu1
| the prosecution objected to these as not
| the best evidence and called for the
/ freight way bills of the express COM
| pany. but the local express agent tesu-
| fled that these bills had been sent to the
| Headquarters of the company at Clncin-
| natl. 1t seems unusual that this should
he done before the goods had been de-
| liyered The case was not made up When
| o'clock came and by agreement of the
| attorneys the court continued the hear
| ing to Wednesday morning at 10 o'clock.
| The traffic IN liquor by the Adams Elk
press Company in this city, or by liquor
| dealers in other places by the help OF the
| company, has become great nuisance
as is easily shown by the fact that there
| were seized at this time seventy
| two packages of liquor, an
| waiting to be delivered. Our mayor
has the support of all law-abding citi-
zons in his effort to rid the place OF TINS
| nuisance A great deal depends upon
/ this test case, and if the court shou.o
/ condemn the liquor seized the defehu-
! ants will probably appeal the case TO 'ne
| higher courts.
| A clear case Is evidently in the hahds
| of the state but 1t will be hard to win
! with such an array of powers on the
other side. At the Wednesday session
many interesting developments are eA-
pected.
Peter Baustin sold his farm in sher-
iden township to p. A. Dayton, for sso
/ per acre.
This afternoon Mrs w. j. Thompson
and Mrs. George L. Mile, entertainer
at a s O'clock tea.
Chris Miller bought the f, rm of VIII
/ lam Milligan for 5000 per acre.
The Humane Society has decided 20
hold public meetings the first Wednes-
day In each mcnth. A regular program
] will be given.