Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1910-10-20
$|OO AND COSTS
Say Cottonwood Man got Bar
rel of Beer.
CASE is APP { D
Judge says 500 and Costs:
Detendent Appeals.

Judge Jaque's court presented "a
busy scene Monday and the Judge
set aside for the time being the set-in
smile and wore becomingly the stern
expression of an English jurist. 1t
was one of those liquor cases, not
bootlegging, oh no, Just desire on
the part of the Camas Prairie hail-
road Go. to get the man whom they
accused Of getting away with one
barrel and several bottles of beer that
the agent at Cottonwood had care
lessly left standing on the station plat
form one evening late in September.
While Cottonwood is dry town
and it is said is strictly observing the
local option law, the people over that
way it seems ship in little beer for
their own use occasionally. A Mr..
Jenny who resides in the vicinity of
the second largest town in Idaho
county felt that some liquid refresh
ments would not go bad so ordered
three barrels Of beer from Walla Wal
la along in September. The goods
arrived alright but when he came for
the shipment he was, short little
more than a barrel
The agent accused Ed Malrich and
Bailey Rice, who are employed in the
Kerr-G Clifford warehouse, with getting
away with the goods. Malrich was
placed on trial first and number of
witnesses introduced by both sides.
The state put on the agent who stated
he had visited the warehouse on the
night in question, September %, and
found barrel with Jenny's name on,
containing a dozen or two bottles of
beer, in the warehouse. He was ac-
companied by the village marshal as
well as the freight handler. He
stated they sampled two bottles of it
and were therefore sure it was beer.
He was corroborated by the helper
and partially by the marshal who
was sure they had sampled it but did
not remember just what address was
on the barrel. Later on, Malrich
was called upon and agreed to open
the warehouse and submit to search.
This he did but some reason or other
the trio failed to search the place
even at the "solictious' invitation of
the accused.
Malrich denied he had taken the
beer and gave an explanation Of the
events leading up to and covering the
period that he was supposed to be
away with the beer and was corrobor-
ated by Rice. a railroad detective
from Spokane, who was put on the
job by the company, went on the
stand and swore that he had found
saw dust and shavings in the ware
house several days subsequent to the
theft but this was cleared up by a
I drayman who stated he had hauled
I sawdust and shavings across the
D driveway Of the warehouse and some
of the same jolted off which Rice and
Malrich stated they had swept W
S with the other rubbish and dumped
a Jim barrel in the warehouse as was
$ customary, to eliminate the chances o.
fire.
: There were several lively tilts be
S tween the lawyers and considerable
jangling. The state did not seem to
! have a strong case, however the Jury,
0 after being out six hours, found the
e man guilty and the judge gave him 3
fine of 500 and costs which were
S109. The defendant has put up a
T bond and appealed the case to the
district court. Rice's trial has moi
been set to date.
Atty. Gilmore, who appeared for
the state, was assisted by Judge
Scales, the attorney for the railroad
company and the defense was abl,
handled by Attorneys Mcdonald,
Greenough and M. r. Hattabaugh.