Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-04-27
SCHULZ e. WETZSTElN JURY UN.
ABLE TO REACH A VERDICT
IN CRIMINAL CASE.
JURORS STOOD eTo3
IN FAVOR OF AcouiTTAL
Jury Showed Practically Same Division
From First to Last-county Attorney
Eeermayer Dsmsses Twelve Other
Similar Cases-BeIieves 1t Is Useless
to Attempt to Prosecute Them.

1 for the state, the jury in the criminal
case against the Schulz & Wetzstein
/ former North Center street saloon, and
its owners and bartenders, after re-
/ naming out twenty hours, returned
at 1890 o'clock this morning. report
! ing that they were unable to agree, and
( were discharged.
The jury stood either 1 to or to
9 Tor acquittal during all OF the time
that il was out. One juror, at various
times changed his vote, but the real
sentiment of the jury remained un-
changed from $50 Tuesday afternoon
until they were discharged by Judge
Bradshaw.
All Other Cases Dismissed.
By the disagreement OF the jury,
which virtually constitutes a victory
for the defendants. Schulz. Wetzstein.
Robb and Wilson, the saloon interests
of the city won another sweeping vic
tory insofar as are concerned the GRIM
inal cases brought on indictments re-
turned last August for nuisance, be-
cause of alleged Illegal sales TO minors.
With the Disagreement of the jury
County Attorney ]. H. Egermayer, dis
missed, for want Of sufficient evidence
to convict all of the other similar
criminal cases, twelve in number
! These cases were against Bernstein
Bros, c. +. Dieterich, H. S. McGoogan,
| Samuel Wenger, Schulz & Wetzstein.
E. E. Boomer, F. W. Brewer, Des
| Moines Malt Company, A Bowman and
A. Berry, and their bartenders and
other employees. more than a score in
number altogether
~ he
Thoroughly disguised and disap-
pointed with the outcome of the case,
the states evidence which he consid-
cred abundant and of the positive kind
County Attorney Egermayer was of no
mind to attempt to prosecute other
similar cases He believes the task
useless, and of useless and unnecessary
expense to the county. He believes
! that. being unable to get a conviction
in this case. the evidence considered
and the quality of the jurors taken into
account, that it would be folly to at
tempt 10 get conviction in any of the
other cases.
Jury Good as Could Get.
II think l had as unbiased jury as
could have been selected in any other
similar case assigned for trial" said
Egermayer after the cases had been
dismissed, And / believe that, exclud-
ing the Jurors who were on this case,
and had l exercised all challenges the
state was allowed, I would have found
no more favorable jury in a trial of TINS
kind than the one selected. for the rea-
son that the defendants had the right
to exclude men for cause who were
opposed TO the saloon business. besides
exercise their pre-elnptory challenges.
.I- Ia of n
would consider il absolute folly to try
another case and incur further ex-
pense in the prosecution of indictments
against men who do not now own sa-
looms. One Of the chief showings made
by the defendants was that they had
quit business in the particular saloon
involved in this case on July 1 last.
Court lntimated Enough.
after ! had examined six minors
the court stated in the presence of the
jury that he could see no necessity for
multiplying the evidence. and if a con-
viction could not be had on the evil
/ dance already in that he could not see
that further evidence would avail any
thing for the state
II called two other minors after
wards, making eight in all Each and
every one testified TO drinking liquor
in this saloon and seven of them said
they bought it there. Some of these
Witnesses corroborated some of the
others that they were together and the
evidence showed that there We're three
minors at the bar in the saloon at one
time.
Claims Evidence Overwhelming.
Il consider the evidence was over
whelmingIy for the state. for the reason
that it is the law that 10 show a single
unlawful sale by saloon that is oper-
ating under the law is as much q
nuisance as If I had shown 100 sales.
1.-The evidence as attached to the in
dictn1ents was used in the submission
OF the injunction cases now pending
and which the court is to decide in va
cation. It is admitted by the attorney
! for the defendants to be sufficient tc
warrant q decree of Injunction, declar-
! ing the pieces Q nuisance and the only
: question to be argued is as to how ia,
the DEGREES snail go and to wha
extent it will affect the property own
ers and certain defendants. No ques.
ton is raised but that the injunction
will run agafnst the saloon owners.
DEGREES Are Certain.
This will result in decree at leas
three months sooner than the crimina
at the next term of court and these
DEGREES will put the defendants en-
joined absolutely out of business-in tbs
state of Iowa"
County Attorney added that it wa:
generally conceded by county at.
torneys all over the state, and by the
attorney generals office that procedure
against saloons by Injunction method!
was more sure and more effective tina,
criminal prosecution.
Two more criminal cases, thos,
against A G. Friedrich and Carl Stein
mayor, were dismissed with the other
this morning. These dismissals, how.
ever, were in accordance with thu
agreement made by the county at
torney when he secured permanen
injunctions against both saloons All
their owners. These injuncrions wer,
Issued some time ago.
Beethoven Club Election.