The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1905-04-28
DOGkERTY is FOUND GUILTY
CONVICTED OF VIOLATING KANSAS PRO
HBTToEY LIQUOR Law.
Sentenced TO imprisonment IN County
JAN for 80 Days and Fined e1OO-
Evidence Was Strong and Jury
Out Only Ten Minutes.

John DOckerty was tried Monday be-
fore Justice Floyd for violation Of the
prOhibitOTy liquor law, was found guilty
and was sentenced to confinement IN the
county Jail for thirty days and to the
payment of fine Of 500 and the costs.
The case was heard by jury consisting
Of E. ThOrsOn, William Ennis, Earl
Derby, William HargTaves, ". n. Rowe,
Wade Warner, H F. Wheatley, Rich
ard Auer, ". L. White, Fred HOdgkin-
son and William Johnston.
The complaint against DOckerty
charged certain sales Of Intoxicating
liquor to Willie Buck, a minor, and TO
other minors, and also TO the mainten-
ance Of a nuisance. The arrest was
made the night Of April II, and the trial
was set for last Friday, but was put of
by agreement until Monday. County
Attorney @. L. Calvert appeared for the
state, and John Hartzler, of Salina, for
the defendant.
The jury was selected by agreement
Of counsel Monday morning and each
side waived its right to challenge both
for cause and PeremPtOrily-
The first witness, Harry Rowe, was
was called soon after court convened in
the afternoon Rowe IS a minor. He
testified to having bought beer Of
was by himself and when he was in
company with other boys. He said that
he called for beer and got beer. Char
ley Mallory testified to having been
present when beer was bought in Dock
erty's place of bu siness, and that the
defendant himself made the sale.
Willie Buck, boy of fourteen, teSti
fed that he had purchased beer at
DOckerty's place, or had been present
when other boys bought It and he had
helped TO drink II. He said, however,
that he bought nothing at DOCkerty's
the night of April II, but drank whis-
key that night. His story was that he,
Rex Scott, Don Dawson and Roy Cole
man were together that night, that they
went from the bowling alley to the
school house yard, that Roy Coleman
had a pint of whiskey. He and the
other boys Clipped in and paid Cole
man their share for the whiskey and
they drank It together. He did not
know where Roy got the whiskey.
Don Dawson cOrrObOTated WIllie's
testimony as did Roy Coleman who al
so testified that he bOu ght the liquor
at DOckerty's, from DOckerty himself,
in the back room of the building. He
paids75 cents for It. There was no one
in the back room at the time but the
witness and DOCkerty, but there were
several strangers IN the front room.
Dr.. Smith was called as a witness.
He testified that on the night of April
II he was called to Professor MallOTy's
residence to attend Willie Buck, whom
he found suffering from alcoholic poison
ing. He administered the proper
remedies and the patient was relieved.
Professor S V. Mallory, principal of
the high school, who was the COM
Ill inf
on the night Of April II, his attention
was called to some noise between his
house and the school house. He went
to the scene of the disturbance and
found Roy Coleman, Rex Scott and
Don Dawson trying to get Willie Buck
to go home Willie was almost IN
conscious, and his condition, the pro-
feSSOr thought was dangerous. He took
the boy to his own home, and called a
physician. Later that night having
learned that the liquor came from
Dockerty's he went to the county at
torney 10 make complaint. Then, IN
company with the sheriff, he went to
DOckerty's place and found "a COM
mon drinking saloon" The witness
described the appearance of the saloon,
and the actions of the crowd gathered
there.
Sheriff Bradley gave the details Of
the arrest and search, and told Of ind
| ing beer bottles, some empty and others
partly filed, and drinking glasses. He
took POSSESSION Of these things and they
were introduced IN evidence
John DOckerty was the first witness
for the defense. He said that he kept
restaurant and short order house.
| He denied selling any whiskey to Roy
| Coleman on the night of April II, or
| at any other time. He did not keep
whiskey and had not sold any, &C
cOrding to MS testimony. Some of the
| boys had at various times, called for
/ beer and he had sold them malt, which
he said, was guaranteed by the whole
| sale house to be a nOn-intOXicant-
/ An employee at the DOckerty Testau-
rant said that he was in the place from
/ half past six IN the morning until half
| past twelve at night on April II, and
that he did not see Roy Coleman that
/ day:
After the attorneys had made short
/ arguments the jury retired returning IN
few minutes with the verdict, guilty
as charged" Justice Floyd immediate
I ly sentenced DOckerty. The maximum
/ penalty under the law for keeping a
nuisance is six months in jail and fine
of $500. The penalty imposed upon
1 DOckerty is the minimum under the
l nuisance clause.
Il rEra-