Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1903-10-21
MILLER IS ACQUITTED

MILLER Il IS ACQUITTED
A Startling Dselsioa Made in the Case
Of State Of Minnesota Versus
Bud Miller.
"The court after celebrating on the !
evidence in the case finds that there is
no question but that the defendant
was conclusively proven guilty of the
crime charged, but that upon ques-
tions of law it would find the defend
Eant not guilty. Such, in substance,
is the decision made last Friday after
noon by Judge Cramer in the case of
the State of Minnesota VS.. B. F. Mill
er, who was on trial for alleged viola-s
tton OF the law governing the sale of /
Intoxicating liquors. -
It will be remembered that Miller's
resort on Bensan avenue was broken
into and raided under the state search
and seizure law on the first day of
October by Sheriff Lundquist on COM
plants sworn to by Chief of Police
Bonde. At that time both Miller and
Victor Nelson were arrested and the
liquors found were seized. The case
of Miller was adjourned to October 13,
and he was given. his freedom on his
personal recognizance for $3.50. The
case came up for trial in Judge Otter
ness court on the above date, but q
change of venue was taken to the
court of Judge Cramer and the case
was finally tried before His Honor
last Friday afternoon. The case of
Nelson was disposed of some time
ago, and our readers are already fam
iliar with the circumstances. 49,.
The case was called last Friday
afternoon at two o'clock and occupied
the attention of the court for nearly
three hours. The city hall was the
scene OF the great legal battle. County
Attorney Johnson appeared for the
state and Samuel Porter defended the
alleged violator of the law, B. F..
Miller. Sheriff Lundquist, Chief of
Police Bonde and Fred A. Clark wereo
present to appear in their respectives
roles as witnesses. The latter had
been employed here in the capacity of
detective, and was representative of
the 81. b. Chrisman Detective and
Patrol Agency of Minneapolis. Most
OF the time was spent in the cross
examination of the chief witness for
the state, Mr.. Clark, whose testimony
in the case was very convincing. He
testified to havingayisited the Miller.
resort upon three different occasions
and purchased liquor there. These
sales were made on the 25th, s8th and
18th OF September. "A bottle contain
ing pint of whiskey was produced in
court as evidence, and this was al
legged to have been purchased during
the street fair. The sheriff also pro-
duced bottle of beer as part of four
and half cases that were seized with
other property at the resort. After
listening to all the evidence presented
IN the case and summing up the same,
the above startling verdict was rem
dered by Judge Cramer, much to the
surprise OF the attorneys in the case
as we'll as all others Interested. The
Judge set forth the claim that the pa
pers as made out were insufficient.
County Attorney Johnson states
that the end is not yet. Miller has
been re-arrested upon another COM
plant sworn out by Clark, under the
old law, and hearing will be had
next Saturday to determine whether
or not he will be bound over to await
the action of the grand jury at the
next term of the district court. If
convicted then the penalty will be both
q fine and Imprisonment. The case ia
set for two o'clock p. m.