The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1907-10-18
TONY MINDER
FOUND GUILTY
VIOLATED PROVISION OF WINE
ROOM LAW
DEFENSE A SURP RlSE.
Minder Alleged He Was Not Owner Of
The Topic Theater When offense
Occurred, But Records Of County
Treasurer's Office Proves He Was.

Occureds But Records OF County
Treasurer's Office Proves He Was.
Tony H. Minder, said to be pro
prietor of the Topic theater, was
found guilty Of violating section 3
Of the wine room law, yesterday in the
district court after the jury had been
out but little more than an hour.
The following jurors tried the case;
J. A. Russell, Herman Beacraft, P. A.
Evers, Walker Browning, j. L. Bar
ker, j. H. Dover J. T. Marshall, "A. L.
Thomas, Frank Gordon, P. H. Smith,
Alfred Swanson and A. T. Holmes.
Those who expected that a great
legal battle would ensue during this
trial were greatly disappointed, as the
selection Of the jury occupied much
longer time than the actual trying Of
the case. AS was anticipated John T.
Smith of Livingston assisted Attorney
Fred H. Hathorn in conducting the
defense.
Deputy Sheriffs Matlock and Terrill
testified to seeing the women entering
and frequenting the rooms kept by
Minder and of other knowledge which
they possessed of the offense after
which the defense called o. B. Day
to the stand.
Day Testifies.
Days testimony was "a surprise to
the prosecution, and for some time the
outcome Of the case seemed doubtful,
Day testified that he was running the
Topic on the dates on which Minder
is alleged to have committed the Of
tense, and that he paid all Of the bills
and operating expenses Of the place
and that Minder was in no way con-
nected with the management of the
saloon any more than he owned the
building. Day did not admit, how
ever that women Il frequented the
rooms which were alleged to have
been run in connection with the sa-
loon, nor did he admit any Of the
other allegations contained in the in
formation.
Nlnder Bought License.
County Attorney Wilson met the un-
| anticipated defense, quickly and in q
manner that somewhat startled those
who thought that the states case
would not secure conviction, on ac-
count Of Days testimony, by introduc-
ing as witness, Mrs. Cora Ramsey,
deputy county treasurer, who pro
duced the stubbs Of the state licenses
which were issued In Minder's name
for the month on which the ofense
was alleged to have been committed,
and testified that the license was paid
for by Minder.
AT the conclusion of her testimony
deputy County Attorney Taylor open
ed the argument for the state and in
/ I'LL StUlC 1OVAOWSu tt1IS wv
dence and demanded the conviction OF
the defendant. He was followed by
Attornies Fred H. Hathorn and John
r. Smith Of Livingston who in short
arguments went over the evidence
and argued that Day was running the
Topic theater at the time the alleged
offense was committed. County At
torney Wilson made the closing argu-
ment for the state, during which he
derided the arguments of the defense
and termed them preposterous.
Agreement by Attorneys.
After the first jury had been dis
charged, the attorneys for the state
and for the defense held consulta-
ton and it was decided that the
judgement in the case in which Min
der was found guilty should apply to
the case in which he is charged with
violating section of the law Of July
4 8 and for which preparations were
being made to hold a trial. They
agreed that the sentence which the
court should see fit to pass on Min
| der should apply to the second case
also, and should an appeal be taken
the reversing of the decision or the
sustaining of 1t should stand in both
leases.
\ Judge Fox set Monday morning as
| the date which he would pass sent.
ence on Minder.
4 Getting Jury In Third Case.
!; The selection of jury in the third
case in which Tony Minder is charged
with violating the wine room law by
permitting females TO enter saloon
] occupied the greater part Of yester
day afternoons session of the district
, court after the first case had gone tc
the jury, and the first venire Of 81
/ talesman, which were called at tht
! opening OF court this week, was ex
hausted before jury mad been select
! ed. Judge Fox instructed the clerl
ia call a anacfa1 yenirs of 20 ir1ror