The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-08-28
NO EVIDENCE OF SELLING
Morgan Was Found Not Guilty of
Selling Intoxicating Liquors
in His Room.

selling Intoxicating Liquors
in His Room.
Saturday evening Policemen Gun.
bingham and Purdy felt that they
had good evidence that intoxicating
liquors were being sold in the rear
room Of Halfhill's billiard and pool
hall. This room is occupied by f..
Morgan, ana the policemen had a
search warrant to inspect the
premises They went around to the
place Saturday evening along about
1880 or II O'Clock and saw a hack
drive up to the rea of the building.
The officers saw two boxes carried
INTO the room which had every In
d1cation of being beer cases. Shortly
after the officers entered the rooms
with their search warrant and found
the two cases of beer sitting i'm the
room and a jug of whiskey over be-
hind tile bed. The officers arrested
Morgan and his partner, Garretson,
and they gave bonds or their appear
ance Monday afternoon.
The men were arrested under the
city ordinances, and City Attorney
Miller appeared for the city and
Preston & Hannett for the defend.
ants. The officers testified to the
fact THAT they pulled the place and
found the two cases Of beer and the
jug of whiskey. Several bottles of
beer had been taken from the cases
and placed In a tub containing ice.
While the officers stood outside the
building and some twenty feet away
they saw M of the men walk over
to where the beer cases we're sitting
on the floor,. pick up something,
presumably the beer bottles, and go
to the door, where five men were
standing and hand out what they
had taken from the cases, but saw
no money passed between the parties.
When the officers searched the
place, G~arretson stated that the
whiskey belonged to him and Morgan
said that there were five in on the
cases OF beer. Policeman Purdy
stated that Morgan told him that
the beer belonged to him and IL
it we're taken away he would
have to bring it back.
After evidence had been submitted
Preston & Hannet asked the court
to dismiss the case against the men
on the ground that there was no
evidence tending to show that a sale
of the liquor had been made, ard
consequently the defendants were
innocent Of the charge preferred
against tbem-that of selling intox-
icating liquors at retail without a
license.
The policemen state that Morgan's
room has been under suspicion for
some time and that cases of beer
have been taken to the room. every
day or two-much more than one or
two individuals would want to drink,
Several witnesses were called by
the city to try and prove that they
had bought liquor In the room, but
none of them stated that they had
done so.
The city ordinance seems to be
quite weak on this proposition under
which the 81 was tried, and 1t is
possible that the city attorney will
present an ordinance soon that will
define matters a little more closely.
This is the second case that has
been up for the violation of the
liquor Law since the prohibition law
went into effect. The administra-
tion is determined to enforce the
prohibition law when its violations
come under the knowledge of the
officers, and it is not always the
easiest proposition tc secure the
direct evidence to convict the viola.
TORS.