Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1907-12-19

that Captain Neal went to the brew
ing company, and by figuring that
there were upwards of 80 saloons in
the city, it would be worth 500 for
each saloon, or $4,000 to the brewing
company to have the lid lifted, and
that Neal said he was in touch with
Rock Island people who would take
the lid off. The states attorney pro.
posed to show By witnesses that this
proposition of Meals was made shortly
after Looney himself had made the
proposition to the brewing company
Encouraged the Mayor.
The state, Mr. Scott said, would
prove that Looney went TO, Mr. Nc
Caskrins Office, both at the city hal
and at the London building, and sent
Cation there AT different times to gei
the mayor to keep the lid down har'l
and TO offer money to the mayor to dc
this. After the mayor had revoked Oh
torn down from the wall the licenses
of three saloons. LooDey again called
on the mayor and patted him on the
back and told him that his fortune
was made. saying. Keep the lid on.
You are doing the right thing. and we
will shake them down" This, Mr..
Scott said, Mr.. McCaskrin would be
proved to have refused to agree TO.
statement by Defense.
The defense was outlined by Mr.
Moore, who in his opening statement
cOntended that even IL the statements
were true, the facts could not be shown
| at that time, as there was no false
pretense and no false pretense coul.i
| be shown, and that the defense would
prevent the introduction of any evi
dence by the state on the facts outlin
| ed by Mr. Scott. Mr.. Moore said tina
| even if this evidence was presented
| the defense would endeavor to show
| that Mr.. Scott and LOoney were up T.
the time of this alleged offense init
mate friends; that F. H. Kelly, tn,
| states attorneys assistant, was for
years a partner of Looney, and that
now both Mr.. Scott and Mr.. Kelly ara
LOoney's most bitter. enemies. Mr.
|
that Mr.. McCaskrin. who was mayo:
at the time of the alleged oITense. was
a friend of Looneys, and that the rea
son for the prosecution is that Looney
Through the paper he is claimed Il
control advocated the enforcement o
the laws here.
Point Raised by Court.
The opening statements concluded
Judge Gest excused the jury for a time
and raised the point as TO the falls
pretenses involved The court desire,
authority for the contention that tn
representation to the brewing con
Ipany that the mayor was fixed" cor
Stituted false pretenses such as tin
laws of the state take recognition o
Mr.. Scott cited authorities to sho,
that such a charge can be sustaine'
even when a man engaged in an unlav
full transaction is swindled by anothe
man in connection with that unlawfl
transaction. The defendants attorney
maintained that the law required Ill
der the charge of false -pretenses b
such that if the conspiracy were SUI
cessful in its purpose the money woul
4 have been paid over. The judge, afte
hearing the arguments and eXplainin
his views somewhat, took the matte
4 under advisement
Judges Views Given.
B Judge Gest. in expressing his view
4 of the case this morning, said ''Whil
4 the indictment charges conspiraC
here to secure $4,000 under false pr
3 lenses. from the facts as stated b
I counsel last evening, | cannot sc
where I could leave a verdict, if re
dered against the defendant by Ii
jury" The court in detail eXplaine
his views of the law regarding co
/ spiracy and false pretense charge
and held that in such case the fal:
pretenses alleged must be such tn;
4 had the conspiracy been successful Il
+ money would have been paid over u
4 der these false pretenses.
Difference i'm Cases.
& The two cases differ in importa1
\ points, from the point of view of Il
4 law involved. The case dismissed he
B the conspiracy to aim at the consul
4 nation of an act legally an impossib
4 ity, the lifting of the lid by the mayo
1 The present case, it is maintained,
4 founded on a conspiracy in which Il
aim was to influence the mayor to fl
d to enforce the law requiring that S
4 looms be closed on Sunday and in Il
disposition of matters then pendil
= before him mr. that might coma hefo