Imperial Valley press., 1909-02-20
Alleged Violation of Ordinance By Druggist is Now in
 Recorders Court
Only Small Number of Qualified Jur- ors in City and Recorder Decides That Persons Residing Outside City May Sit in Trial of City Cases.

selection Ot a jury to try the first cases of alleged violation of the liquor ordinance of the City of Bl Centro has absorbed the attention of the citizens of the county seat during the past week.
 The cases are before Recorder Tout, and the attorneys are Frederick Ba- ker of Los Angeles, appearing as prosecutor in place of the city attor- ney, who is absent from the city and T. M. McNamara, Esq, for the defense. Mir. Baker makes a special ty of prosecuting liquor cases and is an expert in that line
 The first case called was that of E. g. Heil druggist, charged by R. J. Craig with keeping a place where liquor is sold, it being alleged that he sold whiskey without the formal ity of requiring physicians pre- scription.
 It has been found difficult to get a ju"y, for the reasons that there are only thirty-two veniremen on the asse sment roll, qualified by term of residence in the city, and the cases have been discussed so generally that man have expressed opinions. One ltof rf tirely because the officer who sum- moned them had talked freely and emphatically about the merits of the case.
 The prosecution tried to get a jury of strict prohibitionists and the de fence apparently labored to disquali- fy as many as possible and to prevent the empanelment of twelve men, Mir. McNamara standing upon his right to decline to go to trial with less than twelve men in the box.
 Examination of yeniremen gave op- portunity for frequent sharp passages between the attorneys and for com edy that entertained the crowd and made the court room the show place of the town.
 Examining one venireman who did not look good to him, Attorney Me Namara asked if he had read of the cases in the papers. The prospec- tive juror said he had, but he didn't believe all he saw in the papers. When he added that he would give as much credence to the Imperial Standard as to other papers, McNa- mara declared that he was evidently disqualified by mental incompetence. Another, who declared himself pro- hibitionist, admitted that he had read in Howe's paper that Fl Centro was reeking with wickedness of all sorts and in a horrible state of moral de- generacy
 Did you believe it?" demanded the attorney.
 No" replied the venireman promptly and emphatically.
 Attorney McNamara, on Thursday, challenged venlre summoned by Con stable Hamilton on the ground of al l legged disqualification of the officer, and in the examination developed the fact that Hamilton had made Ira Aten, who is active in the detection and prosecution of violations of liquor laws in the county, a deputy consta- ble for the sole reason that he de- sired to be permitted to carry gun,
 Constable Hamilton answered all questions frankly and fully, and 1t ap- bearing that he had not discussed the case, although he had an opinion on it's merits, the court held that he was not disqualified and denied the chal- lenge.
 It then appeared that in the fifth yenire were persons residing outside of the city limits and not citizens of Bl Centro, and the defence challenged one of the veniremen for cause. Long argument respecting the right of otn- CTS than citizens or El Centre to sit as jurors in cases involving violation of a city ordinance and tried by a court having jurisdiction only in the city, en4led and Recorder Tout ruled that sucA persons were qualified jur ors. explaining that his decision was governed by moral rather than legal considers buons, He thought the de