The Somerset reporter., 1904-04-21
Municipal Court.

The c4sts of rfos. H. 5ndl. Mrs
Kate Nargie aud K nilo Dsbe o. search
and seizure pro seedlngs, continued from
TIN 9 h Instant. were heard IN the court
house fore Judge Bachelor, Monday at
10 30 n. IN. GeunvY Attorney Cover al
pearlng for the S'atr and Ho1. Forrest
/ Goodwin for the resp,ndent4. ~her II
Lang, Deputy Briggs and Officer 6 Il Jrd
test fled as to the search aud Sc "a: -.
and Sheriff Lang as to The samples sent
| to Prof. Robinson for analysis. Prof.
! Robinson WAS present and testified the
results as follows: One sample from
Debe's contained lbs per cent alchoho1.
! the second 8 per cent and the third Is
per cent. The first bottle anal} zed from
| Thos. Small's contained 10 per cent and
the second 4.55 per cent, both samples
from Pumlow's analy zed only per cent
each, while that from Msrgie's contained
1 per cent.
The counsel for the respondents stated
| that he was having samples analy zed by
three chemists in the state one of whom
WAS Prof. Parmenter. He had received a
preliminary report from Prof. Parmenter
indicating that the final analysis might
show more than 3 per cent. HE
clients had acted in good faith believing
they were selling beer containing less
than 3 per cent. Ii the beer should
prove to be above that percentage there
is nc defense and he asked for cor
tinuahce until the full report of analysis
+ should be received He further stated
that he believed that when the court saw
all the facts fine and not Jail sentence
weuld be imposed.
County Attorney objected to con-
tinuance on the ground that if the al
alysis should prove different than those
Of Prof. Robinson's, Mr.. Goodwin would
dispute the main issue and the state
would be put to the trouble of again
proving their case. The defense should
have been ready for trial.
! The request for continuance was
denied and Debe, Small, and Mrs. Margic
each got sentences Of 500 and costs and
90 days in Jail, with 60 days additional
on default of payment. Appeals were
taken in each case to the Supreme court
and the respondents furnished bail in the
sum of $500 each.
Martin Flynn, proprietor of the Show
hogan bottling establishment, whose
case was also continued from the 9 h
! instant, appeared to answer to three
complaints upon which warrants were
issued. One complaint was for keeping n
nuisance and two ss common seller cover
ing two different periods of time. This
case being beyond the jurisdiction OF the
Municipal court, Judge Bachelor found
probable cause and ordered the respond
ent to recognize in surities in the sum of
$500 upon each warrant for appearance
te the September term of the supreme
court. The necessary surties were fur
nlshed. Mr.. Goodwin also appeared for
this respondent. Webster Nuttlng and
} ohm r. Mcclellan were surities for each
of the respondents.
Upon the liquors seized of Small,
Margie and Debe lisels were returned
and the liquors declared forfeited. The
beer seized of Pumlow not being intoxi-
eating was returned.
Mrs. Margie, having been proven in
the Municipal court to have engaged in
the Illegal sale of liquors, mittimus in
former case, suspended while she should
refrain from violation of law, was issued
and she was committed for go days upon
sentence in the former case.