The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1908-01-10
LIVERY STABLE
MEN ARRESTED
CLAYTON HAVELIN is TRIED ON
CHARGE OF VIOLATING
SUNDAY LAWS.
Jury Brings In Verdict of Acquitta
Within Half Hour After Leaving
Court Room.

Clayton Havelin, James Belknap,
and Pat Whitford were arrested
Wednesday on warrants sworn out
ny Chief of Police Gum, charging
them with violating the state laws
pertaining to the proper observance
of Sunday. The two first mentioned
were alleged to have had the livery
stables they operate open last Sum-
day and Whitford fell into the
clutches of the police for operating
his cab line.
The cases came up before Police
Justice Joy Wednesday afternoon,
Attorney Frank D. Bangs and Boyd
& Soule appearing for the defend
ants, and Hon. G. L. Wood for the
state.
A jury trial was asked for by
the defense and the case was contin-
ued until Thursday morning when
the proceedings were again taken up
before a jury consisting of Thomas
Sweeney, Frank Ackerman, Jacob
Morris, George Mansfield, Frank
uuu I1GTIIluu.
In the interim it had been mutu-
ally agreed by the lawyers involved
to take up the complaint against
Clayton Havelin, using 1t in the ma
ture of test case, upon whose out
come the other charges would depend
Chief of Police Gum, the prose-
cutting witness, was the first person
to be called by the state and testified
that he had observed livery rigs
leaving and entering the livery barn
on Sixth street.
Charles M. Fallon was called next
and admitted that he secured a rig
from Havelin Sunday Mr.. Fallon's
testimony was forthcoming after a
legal tilt between Attorney Soule and
States Attorney Wood, concerning
whether or not Falqon would be
forced to testify in case his replies
would serve to incriminate himself
Judge Joy ruled that the witness
might be asked If he had hired a
rig and he answered in the affirm
ative as stated above.
Ben Cohen was the put on the
stand but as he had not hired a rig
from Havelin he was excused after
a brief examination. The state
then rested its case.
Attorne ySoule in summing up for
defense asserted that the state had
failed to make case against Have
lin and moved that the charge be
dismissed. Judge Joy, however an
nounced that he matter would be
left in the hands Of the jury.
States Attorney Wood then took
up the cugels in behalf of the state,
asserting that the law had been plain
ly violated and the defendant should
therefore be punishe for an infringe
ment of Sabbath as provided in the
statutes. Mr.. Wood further stated
that in case conviction was not Sc
cured, 1t would result in a black eye
for the city. He also took opportunity
to say in reference to the recent
move Of the ministers in laying the
local Sunday closing matter before
the governor and attorney general,
that such step was unnecessary,
for he, as states attorney, was at all
times ready to proceed against vio-
lations Of the law without having the
riot act read to the local officials by
those of the state.
The published statement of the
ministers regarding their views OF
the situation was also roundly
scored as discreditlng his manner OF
performing the duties incumbent
upon him as states attorney.
Replying, Attorney soule stated
he had no doubt as to the sincerity of
Mr.. Wood in prosecuting the case.
He then reiterated his previous state
ment that there had been no viola
tion of the law as charged, taking &C.
casion in the coures of his argu-
ment to define the meaning Of that
portion Of the law permitting "acts
Of necessity and charity"
Mr. Soule argued that the law did
not contemplate anything further
than the cessation of useless bust.
ness, and Of public acts that might
interfere with the Sabbath as day
Of rest and worship. Attorney Bangs
in closing for the defense went tt
some length in interpreting the Law
al he construed it, calling attention
to the fact that the law formerly
specifically forbade the livery bust
ness on Sunday, and alleged that Il
had been purposely modified to al
low livery stables to do business or
the first day Of the week.
After brief statement by the
states attorney who again asserted
the law had been violated, and de-
manded that the jury uphold thu
statutes, the case was given to Jury
who returned a verdict Of not guilt,
after being out less than bali an houl
| CAUSES MI1AY's ARREST.
Tom Tunney, Holdup Victim Ha