The Leon reporter. (Leon, Iowa) 1887-1930, 1902-07-24
H E O REPORTER.
O. E. HULL. Publisher.
THURSDAY, JULY "a, 1902.
Express Agent at .Corydon Con-
vlcted for Delivering c. O. D..
LIQUOR.

LIQuOT.
The trial of the whiskey taken from
the express Office came off before Justice
Blakely on Monday last. 1t was held
in the court room SO that all who
desired might attend and there was
quite a crowd all the time, among the
number being very many ladies. The
prosecution was represented by County
Attorney Livingston and G. w. Steele
and the defense by j. w. Freeland.
The fight put up on the part of the
prosecution was a very vigorous one and
the defense vas just as earnest and
vigilant. County Attorney Livingston
in opening statement said their position
was that all liquor sem here G. o. d.
when the money was paid here was
actually sold where delivery was made
therefore not under the laws of inter.
state commerce but under the state
laws, therefore subject to seizure and
condemnation. That all whiskey sent
here to parties who did not order it was
here for the purpose of sale therefore
clearly illegal. The theory of the
defense was that the Express Company
was a common carrier and had accepted
the transportation and delivery of this
whiskey in good faith and were respon-
sible for its delivery under the inter-
state law no matter whether ordered Or
not. The witnesses We're the parties in
whose names the whiskey was shipped.
The evidence was OF the usual hating,
e%quivocal, lack of memory kind. Some
OF them testified to having 'chipped in"
to help getit out of express office but
suddenly forgot who the ether parties
were who assisted. Of the 80 gallons
seized only nine gallons were claimed to
have been ordered, the balance seems to
have been shipped here to parties who
have heretofore ordered whiskey Of the
wholesale houses, expecting it to be
taken out under the "chipping in''
process, the parties in whose name it is
shipped without orders getting a drink
for the use of their name, virtually
making the express office a saloon.
Justice Blakely put off his decision until
Tuesday afternoon. His decision was
that the whiskey be condemned and
destroyed. He did not set the day for
it to be destroyed but said that he would
do so in a short time. He further said
that he was not afraid of any court in
Iowa setting aside this decision.
The express company, who had an
special agent in attendance, gave no
tice of an appeal. If they file their
bond in time the whiskey will be held
subject to the decision of the higher
court, if not it will be destroyed on the
day set by Justice Blakely. On the day
following. Tuesday, was taken UP with
the case Of j. P. Donahue who was ar.
rested on three counts for the delivery
of Q. o. d. whiskey. The evidence was
much the same as in the above cases,
the witnesses twisting and turning every
way to keep from telling what they
knew, csntradlcting themselves. losing
their memories at important points, etc.
but it was conclusive to the point that
whiskey was shipped here 9. o. D. and
delivered to parties to whom addressed
by the agent j. p. Donahue. At the
close of the arguments Justice BlakeIy
promptly rendered his decision finding
MIR. Donahue guilty Of selling the whis-
\ Inv, ar Oar WI an ~ 4 hn 4 hrQo n 70 orl
timing him $500 and costs on each
count. from which be appealed. Of
course it is not considered that MIR.
Donahue is engaged in the sale of whis-
key in the generally accepted meaning
of that term, but he is the express
Agent at this place and is simply deliv-
erlng their packages as such agent and
it is his duty as long as be holds this
position SO that no odium should ATTACK
to him in this matter. We make this
explanation for the reason that some
parties might get the idea that he en-
gagged in handling and selling whiskey
as it is commonly spoken of. The fight
on the part of Messrs. Livingston AM
Steele was clean cut, earnest and vigor-
Gus and such that the Express Company
and wholesale whiskey houses were
made to feel that our people are in ear.
nest and thai the illegal manner Of
handling this stuff shall cease. The VIC
tory Is a good one and if it can he sus-
taiued in the higher courts, as vi verify
believe that it will, it will be far reach
Ing in its effects.
LATER,-Bond was given in the sum of
$500 by express company, also by j. p.
Donahue in the sum of 5000. We IN.
deIstand MIR. Donahue says he wilhkeep
on delivering the q. o. d. stuff. If he
does he will again be arrested.-Cory-
don Times-Republican.