The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-07-28
AL KORTE is
ALSO GUILTY
Mayor Huff Disposes Of
Second Case.
FINES HIM S150 AND COSTS
Both Cases Will Be Carried
Higher.
Little Fault Is Found VITA Mayor
Hun for His Findings--Prcspcct
Citizens All Save the Ladies, Great
Iy Interested I'm the Proceedings.

ing whiSkey to Wilbert 10. Stillwell,
July 5, was found guilty at Prospect
Tuseday afternoon, at 5 o'clock after
o long and tedious trial. He was
given a fine of $3.50 and the costs Of
prosecution and his bond was allowed
to remain the same as has been given
by him, pending his trial. A motion
for a new trial was overruled.
The convicted man was given until
August 3 to file a bill of exceptions
and the matter will be taken to the
Common Pleas court the same as will
be done in the case of Edward J.
Burke, who also was found guilty.
Sentiment seemed very much divided
over the decision at Prospect Tues
day but the remarkable feature of the
decisions was that no word of COM
plant was heard against Mayor Hun
and all were apparently satisfied that
he had made an honest decision in his
mind on the merits of the case at
hand. Attorneys Mouser and Moloney
acting for Edward Burke. when he was
sentenced Tuesday afternoon declared
to the Prospect executive that an hon
est trial had been given and this ap-
peared to be the prevailing sentiment
In his remarks concerning the SEN
tence upon Mr.. Burke previous to the
opening of the afternoon session of
the trial of AL Korte, Mayor HUFF
stated that while the witnesses on the
prosecution were of a very disreput-
able character he looked upon this
testimony with caution. However, he
was much inclined to believe that the
testimony of the two farmers could
be taken and that as their statements
corroborated, they were of value in the
trial. He declared his belief that the
defense were coached. What was said
concerning the Burke trial applied
largely also to the Korte trial and
little was said concerning his decision
by the Mayor.
At the morning session in the Korte
trial, Stillwell was the principal wit
ness as also was James Bennett, car
penter of Morrow county. who had ac-
companied the detective in his search.
Officer Wilhelm also testified.
In the afternoon witnesses were
placed on the stand for the defense.
Gorge Abbott, of this city was the
first on the stand. Barney" Hilfn-
ger followed Hilfnger is the bar
tender who is said to have sold the
liquor to Stillwell The prosecution
sought to show that hilfinger was
guilty of living in evil company. Al
Korte was placed on the stand and he
told in detail his movements on the
fifth day of July. Korte said that he
had n Federal licence and Attorney
Myers, of the defense asked that Korte
be given permission TO explain this
action. Korte said he had obtained the
license on the advice of Inspector
Galloway, who thought he ought TO
have IL in selling near beer. Attorney
Thompson asked what he paid for the
license and he said $25 and was
promptly asked why be did not get a
malt liquor license for $40 instead.
Korte said he did. not know that he
could get a malt-liquor license for
500. This testimony was used to the
stating that this was first evidence
of guilt in the fact that he had a IL
cense to sell distilled liquors.
Oscar McElhany, witness for the
defense, declared on the stand that
lStillwell had been in the hedge fence
business some time ago for the pur-
pose of cheating the farmers in this
vicinity. The actions of Stillweli were
brought out in detail.
Forty minutes were given the at
torneys for their pleas, on either
side. Attorney Clark for the prosecu-
ltion was first and told OF the witness
es on the defense knowing particu-
lar hours on July when they could
not say where they were or mention
and day on any other occasion. At
torney Myers on the defense followed
land questioned If the word OF Stillwel
and Bennett could be believed. Ben
nett was leaving a good job to take
Iup this ugly word and Myers declar'
ed that they were lying for the money
to be obtained. He also thought Still
well drunk when he was asked for {
S. by a stranger and promptly peel
ed out" ten dollar bill. Attorne!
J. w. Thompson closed the argument
In both the case of Edward Burk'
and AL Korte. the sentences were sus
pended pending the trial OF the case
lin the Common Please court.
During all Of Tuesday in the pro
gress OF the trial OF Korte the town
ship house, where the trial was held
was filled to over flowing. There wa
mot woman in the house during tn
two days trial.
The trial OF Michael Burke will
hheld at Prospect Thursday.