Cañon City record., 1906-01-25

in the liquor trials this week than in
any court event in several years.
Eight primary cases are joined in
one against Joe Walton, John d. Lloyd,
David J. Horton and Frank Colds
berry. a special venire of twenty
four jurors was drawn to try the cases.
When the jury was called Monday
morning twenty-one persons answered
left the county.
OF the twenty-one jurors present
three disqualified and two talesmen
were called to fill the panel. After
the challenges had been made the jury
TO try the case was:
e. C. Hall, Frank L. Rouse. J. w.
Aarsh. Guy Z. Holmes, w. E. Tanner,
Wilson Pearson, A. A. Parnall. T. w.
Roberts, Albert Brown, A. B. McFall,
George Boettler and l.. E. Beverstock
But few OF the jurors are from
Canon City. the majority coming from
the country.
The cases were first tried before the
police magistrate and convictions we're
secured. The magistrate. the late
Judge Minor. fining each of the de-
PENDANTS $500 on two counts. making
the total fines in the consolidated cases
$500.
sisted by Hardy L. Sayre in the pros
ecut3on. and the defense is represent
I'd by Gen. Joseph II. Maupin and
George H. wilkes.
Al in the city court. the city's chief
witnesses are two detectives employed
~ the Anti-Saioon League. The evi-
deoce as to the purchase Of liquor
seems conclusive. but the contention
OF the defense on trial is that the liq-
nor was purchased in an Incorporated
club. and II prosecution should lie. II
aAoald be against the Incorporated
body and not against the club en-
ployes The defence has made several.
motions to uon-suit. but in every in
ssauce Judge Cooper has overruled the
motion and ordered the case to pro-
ceed.
The first contention was that the
original afIidavits in the police court
on which warrants were issued were
defective and not in accordance with
law. Judge Cooper ruled TINT the
cases In hearing were upon appeal
from police court, and the question Of
sufYiciency of the affidavits were waiv-
ed by the defense when they went to
trial In that court
Again the question was raised that
the court did not have Jurisdiction rs
the sum involved was greater than is
permitted by law. Judge Cooper ruled
that the cases were consolidated on
defendants motion to save time and
costs, the evidence in each case being
the same. Therefore the cause was
the same as II each cause had been
tried separately in which case the
courts had Jurisdiction.
Another contention was that the or
dinance was defective in that II
usurped the powers Of the state legis-
lature in defining what constituted
nuisance. Judge Cooper ruled that
the contention was nil.
Detective Wilson testified that he
met and was introduced to Joe Walton.
and within four minutes was inside
the club room, had Joined the club,
and paid Mr.. Walton for several drinks
OF whiskey.
Later In the day he had taken others
into the club rooms and had bought
whiskey OF Walton and Goldsberry.
Detective Hughes testified that he
had gone into the club rooms with
Wilson and William Neeley. that his
money had been refused by Goldsberry
who told him to hand his money to
Wilson, who was a member OF the
club This he had done in the pres
ence of Goldsberry and the change was
handed to Wilson, who In turn handed
n to him.
william Neeley testified that he had
bought liquor over the bar and had
witnessed the purchase by Wilson and
Hughes.
John Bane testified to purchase of
liauor, but became confused ~ to
dates, having to admit that he was
not certain ~ to the facts to which
he testified.
The testimony Of The defense In sub
stance was that tAsy we're members Of
"Ths Laboring Mons Oub." . charter
a body; that thsy did aot swn the
liquor kspt On the prenisss; that they
were oaRcsfs and snployea only: that
tAs members bougAt the liquor and