The Marion daily mirror. (Marion, Ohio) 1892-1912, 1910-07-23
Attaches a Fine Of $500 and
Costs Today.
TILT BETWEEN ATTORNEYS
Eymon Uses Plain Ian
guage to Mayor.
Brown Junk Shop Is Entered by
Burglars-ChIef Wants TO Drive
Migrants out OF .Town-Niany APP
plications for job on Police Force.

After waiting over q month for
the mayor to render his decision,
John Seitz today heard the mayor
pronounce him guilty of selling in
toxicants i'm dry territory. and assess
a fine of $500 and the costs. Against
the demand that the mayor refuse to
suspend the sentence during the time
necessary to carry the case to the
upper courts, DR.. Setter suspended ex-
ecution of the sentence to allow the
filing of bill of exceptions.
The Seitz case was hard fought
one and though there should have
been little trouble I'm convicting Seitz
the defense put up such a battle that
the states case was pretty weak, that
is i'm the way II got to the court.
Many expected Seitz S acqulttal not
on the ground of innocence but on the
ground that the state had failed to
make a case.
When the decision was rendered
today there was tilt between coun-
sci and Attorney Eymon of counsel
for the defendant, charged Mayor
Setter with listening to and taking
the advice of Attorney John Clark
and City Solicitor Elmer T. Boyd, OF
the prosecution. The scoring of the
mayor occurred during an argument
on the question whether Seitz should
be admitted to bail while his attor-
neys were getting the case and the
record ready to carry it to the higher
court The state filed a motion, ask :
ing the mayor to refuse to suspend
sentence, claiming that under the law
| as laid down in Wayne B. Wheeler's
handy guide for dry attorneys, says
that the mayor mas no right to sus-
pend sentence, that right being pc
| culiar to the reviewing court. Had
the mayor upheld the state Seit2
would have either had to pay 5000
and costs at once or go to the work
| house until stay of execution could
be secured in the common pleas court
| Mayor Setter ovcrrulcd the states mo,
| tion.
| A motion for a new trial, made .b!
| the defense, was overruled by tn
mayor.
| Seitz was arrested at his home aftc
the police, looking through the win
| dows, had witnessed the sale of
bottle of beer to Doc Harshberger
The purchaser sat there and dranI
the beer and Seitz pocketed the mon
ey. In the raid 65 bottles of bee
were captured and some whisky.
Neither the affidavit nor the war
rant in the case bore the official sea
of the mayor, which is surricrcnt erro
to cause a reversal, attorneys for tn
defendant claim. The attorneys ais,
claim that there Is other error in tn
case and that despite the apparent.
simple question involved in the case
the state failed in proving Seitz guilty
The affidavit as drawn originals
charged a second offense but thi
feature was eliminated early in tn
trial the mayor sustaining a motion
by the defense.
Seitz gave bond for his appearance
in the court of common pleas at tn,
first day of the next term and Sc
cured his release. He is prepared Il
carry the case to the supreme court
If necessary.
| Attorneys for the state claim tha
there is no doubt of SeitZs guilt an,
they are willing to stand by the rec
ord in the case, believing that tn,
testimony shows beyond a doubt tina
Scitz Is guilty.