Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1904-01-14

ing for sale and selling Intoxicating
liquors at Kensalsen August Il, 1902,
and between that'date and August /,
1903. The defendant claimed that
this charge is notsut1iciently definite
in regard to time andIplace and that
the facts alleged do not consti ute the
crime named. The demurrer was
overruled by thecourt, and sthe cease
proceeded
The first ~itnesslfor the State was
III A. Stinson, a merchant and former
postmaster at Kensal. He testified
that he was in Rice's place Of business
sometime in June last and bought a
bottle of beer, part of whichhe drank.
He also saw Others buying and drink
ing beer. On cross-examiaation it
developed that the beer waseoought OF
Rice S clerk, or, at least, ola man who
witness supposed was such Ia rclerk.
Mr.. SMnson, furthermore, admitted
that his acquaintance with intoxi-
eating liquors was, limited, and that
what he bought might have beenmalt.
The aext witness was J. N. Town
send, who during the fall OF 1902, was
hired by the business men of Kensal
to act 2s watehman and keep order Ia
the town He was also town saarshall.
Soon after beginning his dhties, he
said, Rioe gave hima glass OF whiskey
and told him to, come in and help liaim-
self whenever he wasted drink. He
seldom a&ailed thimself Of this pprivi-
lege, however, as he. preferred to pav
for what he drank. >Soun after this
instance he bought a drink Of sEhiskey
of Rice.
The case went to the jury at about
flour O'Clock in the afternoon, and at
Ehalf past ten in the evening they re-
|Iturned a verdict Of guilty.
RICE MEARS SENTENCE.
LIN the Rice case reported Friday
witness TOM0sed further said. , He
distinctly remembered 4one instance
because the Liquor was not of SO good a
quality az was that which he drank
before. Several other times he had
bought and drunk both beer and
whiskey at the same place and had
seen others do the same. Whether
these purchases were made. of Rice OF
of someone else in the place, he could
not say. On the nigh6 of the Noven-
ber election, 1902, be was 'in Rice's
place several times and drank COZ
siderable. A large number of people,
sometimes perhaps fifty, were there,
and some got very happy. A part OF
the crowd did not "go home until
morning. business continuing good
till after four o'clock. Two other
s.pigs" were In full blast and after
making the rounds 2 few times, wit
ness admitted that he felt somewhat
dizzg and went out and took the air.
On eross-examination Mr.. Townsend
said that he had sold liquor an Minne-
sofa iUnder a license and that for a
brief time he had sold beer for an
other person alta fashionable resort ia
prohibition Iowa. He adhered closely
however, to his original testimony,
although subjected to rigid exami-
nation, and said that he had informed
the proper public official OF the c0ndi-
tion OF affairs at k,ensal during his
term of office. The last witness for
the prosecution was J. S. Tufford, a
Justice of the peace at Kensal. He
testified to having bought beer of
Rice at different times. He was in
the defendants place on election night
and saw both Rice and others selling
intoxicants. He knew that others
bought beer because he bought and
drank some which came from the same
key. At one time he had in his possess
sion certain papers belonging to. Rice
among them a contract OF sale for the
place in which Rice carried on bust.
ness, in which contract Rice was
named as purchaser. He was shown
by Mr.. Knauf a contract of the kind,
signed by Rice as witness, but said
this was not the one he had previously
co.n Tho witnesses for the defence