The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1910-12-08
ACQU|TTAL CAUSE
OF COURT CRISIS
County Attorney Declares He Will Try
No More Cases Before Jury
Now Empanelled.

The jury in the case against Otis
Title returned a verdict of not guilty,
and precipitated crisis in the county
court yesterday County Attorney
Brady announced yesterday morning
that he would not try any more liquor
cases before the present jury.
Since the first case which was tried,
that against Alex Williams, who was
convicted, every ease against an al
legged whiskey seller has ended in ac-
quittal.
In some cases the evidence seemed
very weak, and aeqnittal was a fore
gone conclusion. In other cases, the
verdict for the defendant has been a
surprise TO spectators and lawyers in
some cases even to the victorious at
torneys.
After his defeat in the Title case,
Mr.. Brady announced his decision, and
yesterday forenoon he stated his de-
cision to the court Judge Frear re-
piled that if the county attorney de-
sired new jury he must make show
ing of his reasons, and file affidavits.
Mr., Brady refused TO do this. you
may continue the cases. he said to
Judge Frear,. "or dismiss them or give
me anew jarS raimsiy won't try any
more cases to the present jury"
well, Mr.. Brady, replied the Judge,
IN let you announce your decision
when the cases are called"
The criminal docket was laid aside
yesterday to take up a civil case,
which is still on trial this morning.
After he came away from the court
house, Mr. Brady was seen at his Of
flee in the Jones-Bagby building, and
reiterated the announcement of his
decision. I'm going to try" said he,
to get the cases continued. If | can't,
they might as well be dismissed. I'm
not going to put the county to the ex-
lpense of any more trials"
The members of the jury naturally
resented Mr.. Brady's criticisms. OF
course they were guarded in their ut
terances, but some of them got back
at Mr. Brady 1t was alleged that in
the Title case. the prosecution had
failed to prove definitely that the
fluid bought by the complaining wit
ness was whislsey. Mr.. Brady denied
the omission, however, and referred to
the stenegrapher's report of the evil
dence, where it appeared that the wit
ness asked the defendant for quart
of whiskey and he gave ''it" to the
witness.
Mr.. Brady couldn't see how, with
this evidence before them, the jury
could have suspected Title of selling
maple syrup or soda water.
The situation was widely and earn
estly discussed on the streets yester-
day and this morning Nearly every
body felt that the result of recent at
tempts to enforce the prohibitory law
had been disappointing, and some
blamed one set of officers. some an
other
An attorney said to the reported,
'sYou notice that all the cases that
have been tried lately are old cases,
and when year or so has elapsed, the
memory of witness grows hazy, es-
pecially when he was half-drunk or
wholly so when he made his purchase,
and the haziness of his memory i'm
presses the Jury, and raises a doubt
in their minds, for no man can impart
to another stronger conviction of the
truth of his testimony than he has
himself"
The members of the Law and Order
League were less psychological in
their explanation of the situation
They laid the final blame on the peo-
ple at large, confessing that there is
no adequate public sentiment to back
an officer or q jury in the strenuous
enforcement of the liquor law.
E. W. Stryker, of the Fair, is pres
ident of the league. He is also mem
Der of the jury at the present term OF
court AS president of the league, he
naturally was willing to speak for it,
though his position as a juror made
him cautious in his expressions "But
: you may say for me" he remarked tn
a reporter, that if the good people
of this town, the Christian people,
, were as interested in enforcing the
law, and encouraging the officers to
enforce it, as they are in making
money, we could clean up this town in
two weeks and keep it clean"
A.. uT rIo,,olx l.ft to1axy - ,yie;t