The Dickinson press., 1909-08-14
JUDGE BURR
SENTENCES 6

Get Five Months in Jail, $500
Fine and SI5o Costs. All Ap-
peal. More Cases Next Month
Last Saturday afternoon Judge A. G.
Burr passed sentence on IA. McAndress,
John Andor, Daniel Heidi, Paul Messer,
Paul ..and Xaver Koch, all found guilty
OF contempt violating the prohibition
law. The sentence for each party was
S months in Jail, $500 fine and $3.50
for costs. and in default of payment of
fine 100 days additional time in jail.
In the Paul Messer and Xaver Koch case
the costs are SIS each. as the parties
were prosecuted as firm, MesseI &
Koch.
Before sentence was passed Attor-
ney Simpson made particularly strong
plea for J. A. McAndress. Attorney
Berry laid great stress on the point that
the South Side offenders were foreign
born, did not understand our laws very
we'll, and in conducting their saloon
business. had acted largely on the ad-
vice of others. The court, however
acted on the assumption that ignorance
excuses no man and if person accepts
poor advice he must suffer the con-
sequences thereof.
Attorney Zuger of the attorney gen.
erals Office and Attorney F. C. Heffron
of Dickinson made the pleas for the
state. They appeared to he satisfied to
rest their cases on the evidence already
before the court and did not make any
lengthy arguments.
The Cuskelly case was not tried as the
defense filed afidavits that important
witnesses were out of the state and
could not be secured and therefore they
could not 90 to trial. On this showing
the judge put the case over. Others
would have been moved by the state if
Judge Burr could have remained longer.
In the Dirkes case at Richardton it
is reported that defendant will plead
guilty when brought before the court.
The chances are that number will
prefer to plead guilty. in the hopes of
getting the minimum sentence as it
must be apparent now to any sane per-
son that the state has the evidence in
most cases which will convict. Several
parties seem to realize this now and
some have already left the state.
In the trials completed last week,
three defendants who testified on the
stand that they. were innocent of the
charges preferred pu. themselves in
very poor light before the court to say
the least. In one case it was shown
that carload of beer had been shipped
in for defendant while the court was in
session and in another case it was
shown by the railroad records that two
defendants had received four barrels of
whiskey within the past few months.
The evidence will all 90 up to the
supreme court and the reader can be
left to guess what will happen.
The six appealed cases may be de-
layed until the spring term of court but
not longer. In the meantime defendants
are under 81, 900 bonds each with the
injunction hanging over their places.
If the supreme court affirms the decision
of the lower cours, as in all probability
it will, the fine and cost amounts will
Immediately be turned over to the
treasurer of Stark county, thus more
than reimbursing for all court expenses.
| Attorney Heffron states that eight
places in Stark county used in the past
in violation of the prohibition law are
now closed by process of law. He also
states that the state is in possession of
evidence which he believes will convict
all parties recently arrested. The alleged
offenders will be tried without a jury
and Mr.. Heffron says it does not matter
what judge is called, the evidence is
so overwhelming that no court can help
but find for the state.
Mr.. Heffron says that it is a great
mistake for people to talk about ex-
pense that the county is being put to in
the prosecution of blind pig cases.
The prohibition law is such that the
offenders pay all expenses. 1t is true.
he says, that the bills are audited and
paid by warrant in the usual manner.
but the fines and costs, accrue to the
county so that in the end there is more
money in the treasury than when the
prosecutions were started.
Mr.. Heffron says that parties engaged
in the blind pig business in this county
had plenty of warning and they should
have needed it and so arranged their
affairs as to have been out of the unlaw-
full pursuit long ago. They appeared
defiant, continued to purchase and sell
intoxicating liquors and when arrested
and brought into court fatty denied
having violated the prohibition law.
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