Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-02-23
Hotel man
LOSES CASE
Judge Pollock Sustained in
Case Where Hotel Man
Goes Up
]. ?. Dahlquist Served Beer
to His Guests and Must
Serve Time

his signature acknowledging receipt
of such articles is competent evidence
tending to show the nature Of the
articles SO receipted for.
A drayman authorized in writing
by the defendant to receive and re-
ceipt for freight at local railway
station is an agent of the defendant
for such purposes; accordingly held,
receipts for freight, belonging to the
defendant, taken from the railway
station by a drayman possessing such
authority, and receipted for by him,
are competent evidences, as tending
to show the receipt by the principal
of the articles of freight described
in the record Of the station, contain
ing such receipts.
The competency of evidence de-
ponds on the state of the record when
the evidence is offerad, and the ad-
mission of violence afterwards shown
to be incompetent, when no specific
motion to strike 1t out or request to
instruct the jury to disregard 1t is
made, is not reversible error.
A record of the local railway sta
ton describing outgoing freight de-
livered to it by the defendant, which
record is identified by the station
agent, who testifies that he received
the information as to the character
Of the freight so shipped as described
in the record, from the defendant,
is competent evidence, to show the
character OF such shipments, in the
action at bar.
The records Of a local railway sta
ton, containing receipts signed by
the defendant, and others signed by
his agent and description Of out
going freight, described to the agent.
and shipped by the defendant, are
competent evidence, tending to show
the defendant to be conducting the
business Of dealing in intoxicating
liquors or beer, when such record de-
scribed large quantities of beer. emp
~ beer cases, bottles and casks and
especially when the quantity so re-
ceived was so great as to render it
impossible for the defendant to have
made personal use o it, during the
time covered. =
An objection made to the admiss-
ion of record as a whole, and with
out distinguishing or pointing out in
the objection the particular items,
If any, which were competent evil
dence, and those which were claimed
to be competent, when part Of the
items We're competent, and some of
them may have been incompetent
evidnce, In inadquate, and it is not
error for the trial court to admit the
whole record.
(syllabus by the Court
Appeal from the district court OF
Cass county; Hon. G. A. Pollock,
judge.
Appellant was convicted OF the
crime of maintaining a nuisance in
violation Of the prohibition law, in
a hotel at Kindred, Cass county, N
D.. and appeals from judgment Of
conviction.
Affirmed.
B. D. Townsend and Engerud, Holt
& Frame, for appellant.
I. F. McCue, attorney general, w
H. Barnett. states attorney Of Cas-
county, and 8. w. Richardson, as
sistant states attorney, for respond
ent.
/ spalding. J. The defendant wal
convicted of the crime OF maintain
ing q nuisance in violation OF thu
law known as the prohibition law, q
Kindred, Cass county, North Dakota
at divers times between June /, 1905
and August 31st, Of the same year.
On the.trial. evidence was submit
led OF the sale by the defendant o
several bottles Of beer. and OF an an
alysis by Prof. Ladd ON one Of th,
bottles so sold, which Prof. Ladt
testified contained 3.7S per cent o
alcohol by volume. and 81 by weigh
and was beer Several witnesse
testified that they had purchased o
deendant on the premises described
beer or malt. and that they wer,
unable to state which, but that /
tasted like beer, and one testifie,