Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1907-08-12
LID HAS BLOW Holes
VIOLATION OF SUNDAY Law NOT
SUSTAINED IN COURT.
First Case in the Sunday "Lid" Cru
Sade Results in ACquittaI of the
Defendant. Evidence Weak, and
COnStifutiOnality of the Law is
Disputed.

The first trial f>r violation of the Sun.
day law of 1881 was had Tuesday before
Police Judge Fox, and resulted in the ac-
quittal OF the defendant, p. J. McHugh,
without IL dissenting vote in the Jury
room.
The case was the first Of eight, the
complaints in which were filed last Tues
day. In this case Z. j. McHugh q John
O'Hare were jointly charged with doing
business on the previous Sunday at the
Grand saloon. At an early stage OF the
trial it became evident that the COM
plainants had the wrong O'Hare, Hugh,
not John being the partner of McIiu4h,
so the prosecution dismissed the matter
as regarded John O'Hare, and proceeded
to try McHugh.
General opinion was that it would re-
4uire the day to secure jury, but this
did not prove correct, and jury was
empaneled, the case tried and verdict
reached in less than eight hours. The
following representative men were the
jury: Fred G. Furth, manager OF Nul.
can Iron works; w. r. Macfarlane,
manager Western Lumber Co.; j. j..
Law, grocer: Jas. H. Empey. timber
cruiser; w. G. Harding, real estate
dealer, and j. B. Egerer, timberman.
Both sides of the case are agreed that
Judge Fox acted with the utmost i'm
partality; the case was hotly contested
and at times the Judge was called upon
for decisions. They came, quick and
fair. The result was no surprise to those
who heard the testimony. The prose-
cutting attorney, assisted by Ben Soeeks,
did the best possible with the evidence,
and tried hard to expound the law to
secure conviction.
But, as to the evidence and the law
including it's constitutionalty-t de-
Tense had the best OF it from the start
w. |. Agnew and w. III. A bel represent
ed the defense, and both were on the
alert from start to finish. The address
OF MIR. Agnew was not only civil in tone,
convincing in argument and a mastery
piece OF oratory, but showed q deep
study into the constitutioDaltv oi the
question at issue. Abel made his usual
mistake of trying to buldoze, aud in a
way injured his cause with the audience,
and, possibly, Jury.
Upon retiring, the jury organized, and
took a preliminary ballot, which, when
counted was to for acquittal, and
the verdict was returned to the court
within % minutes after their retirement
The next case, that OF q. W. Roberts,
was set for trial at 80 tomorrow morn
ing, if it is tried at all, a large public
sentiment being opposed to further costs
against the city, in view of the verdict of
what is generally considered as repre-
sentative Jury as can be obtained in Ab-
erdeen. OF course, this rests with the
prosecuting attorney, who is compliment
ed on all sides with having skilfully
conducted losing case. Aberdeen is as
law abiding a city as can be found with
in the borders Of civilization, when the
cosmopolitan character of its population
is considered--espec that ciass Of
usually termed "tioating in this
particular instance refuses to obey the
mandates of Hoquiam, whether issued
by an attorney or preacher.
Just a moment. Reverse the picture.
Imagine minister OF Aberdeen going to
Hoquiam with similar crusade Could
a iurv be found in our esteemed suburb
that would convict? Not in thousand
years.