The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-01-21
State Claims the Whitewater
Druggist Violated Both the
Blind Tiger and the Boards
ley Laws.
AFFAIR PERPLExING;
JUDGE FOX IN QUANDRY
Harry SieWeke on Witness
Stand Testifies to Buying
Booze From Jones and
Gives Other Evidence.

Evidence that was regarded by
spectators as more convincing than
any presented in the previous trial
was offered by the state in the prose-
cution of DIR. Arthur II. Jones, of
Whitewater, for violating the liquor
laws. A new turn was given the pro-
secution when Wilfred Jessup, former
prosecutor, acting as chief counsel for
the state, read from the statutes what
IS known as the Beardsley law. This
governs the sale of intoxicants by
druggists or pharmacists. 1t provides
that 1t is unlawful for either of this
class Of dealers to sell spirituous liq-
uors in quantities less than quart at
a time for medicinal purposes and
then only upon the written prescrip-
tion of reputable physician Of active
practice.
The state followed up this lead by
introducing as a witness Harry Sic.
weke, former resident of Franklin
township. He testified that subse.
Quent to March 16, 1907, when the
Beardsley act became effective, he
purchased from DR.. Jones in his store
room at Whitewater pint Of whisky.
He said he had no prescription from
any physician and that the liquor was
sold by Jones to him without ques-
tions. He told the time Of day he
bought the whisky, that he paid so
cents for 1t and named the persons
who drank the LIQUOR.
Contemplated Damage Suit.
The same witness for the first time
revealed publicly that DR.. Jones had
contemplated damage suit following
qis arrest for operating blind tig
err and that some Of the best known
citizens of Franklin township were In.
cluded in the list, the druggist intend
ed to make pay for alleged defamation
of character. The men against whom
Jones was said to have decided to en-.
ter action are William Barton. Thorn
as Pyle, John Richards and William
White. Sieweke said Jones told him
he had sufficient evidence against all
but White. The men mentioned are
regarded as among the most promin
ent and influential citizens Of the
township.
Large Crowd Attends.
A large representation OF the citi
Gems Of Franklin township crowded
the court room. The attendance
when court was in session this morn
1ng was even larger than that which
marked the former trial. 1t was com
posed almost entirely of farmers. II
addition there was representation OF
local residents. One or more city
ministers have been in attendance ev
er since the trial began.
II 10 recognized generally that the
Jones case is a clean cut blind tiger
affair and unless q conviction is re
turned the subject of control of sucf
affairs will become perplexing. The
guilt or innocence of Jones Is not st
much involved in the opinion of tht
public, as Is the problem will or will
not jury convict liquor dealer, Il
the law requires jail sentence. B,
acting under the Beardsley law, how
ever. the state may secure two chan
ces at the defendant. The scope o
the trial is broadened and it may be
come possible to direct the prosecu
tion as against druggist more thar
as against q private citizen, as wa.
sne in the former case.
Judge 10 in = Quandary.
In . discussion Of the matter O
laws, Judge Fox said he has becom,
involved In . quandary. He said Of
the bench to counsel that some doub
exists In his mind as to whether O
mot the Beardsley act did not repea
the flrst section Of what is know rs tn
''blind tiger" law. The first section o
the later law relates to the sale OF in
toxicants to be drunk as a beverag
without license.
The most interesting testimony oi
fered by Sieweke related to converse
items he had with Jones. He claims,
these conversations resulted from iii
intention OF Jones to enter q damag
suit Jones wanted Sieweke's assis,
ancs In securing evidence. Siewek
said he had talked to Jones thre,
times following the raid of Jones
store by Richmond police. One O
the conversations took place at tn
Luken drug store In this city. Th
witness said he and Jones discusse,
the raid and Jones told him the polio
did not get near all the stuff" n
declared Jones told him he had
barrsl under some old carpets an
this WAS overlooked at the time Of TIL