The free lance. (Fredericksburg, Va.) 1885-1926, 1910-04-09
MORE CASES
DISMISSED
BOde, Layton and Armstrong
Discharged.
Attorney Maekey Appealed Cases to
Corporation COurt-The Evidence.

Corporation COurt-The Evidence.
At IL o'clock Thursday so great was
the crowd which assembled at the
Mayors Office to hear the cases of
Bode, Armstrong and Layton. charged
with selling liquor without license, that
Justice Dannehl determined TO try the
cases at the courthouse. When Justice
Dannehl called the court Attorney
Crandall Mackey, of Alexandria county.
was introduced by Attorney w. w.
Butzner. Mr.. Goolrick, representing
the accused, asked Mr.. Mackey who he
represented. Mr.. Mackey said he was
here in the interest of the Common
wealth representing clients, when Mr..
Butzner interrupting said, ~ am glad
to have him here with me. A"
W. +. Payne was called and examined
by Mackey. Said he was an agent
II Anti-Saloon League, was from
Washington, knew Bode, was there on
March 18th about 4 p. m, walked i'm
store, saw man drinking red liquor.
when he was through asked him to take
another drink. he consented al order
ed the same. paid for it at lOcts per
glass, drank 8 glasses, Bode waited on
me, what drank was half ginger ale
ana nan whlskey. Did you drink it
allI', was asked. ''No, drank some
and the other threw on floor" 'sHow
do you know it contained whiskev9"
by the effects. There were two
kinds of drinks, and IOcts; staid in
the place about 80 minutes. The man
with me was sober at first, but went
away intoxicated. Saw u. S. license
IN store of l909-l9lO.' Examined bv
Attorney Goodrich. Payne stated he
was from Washington, had been i'm de-
tective business for Is wears. came
here March 18th with Heating, who as
sisted him. Had been all around town:
posed as a moving picture agent. made
false statement TO Bode and others as
TO who he was. Was employed by Mr.W.
). Chesley, who wrote to him at his
home to come here. which he did, and
reported TO Chesley. who told him he
wanted to ind out who was selling
liquor IN the city. Went to work to
md out who was violating law, report
ed to Commonwealth Attorney Butt
ner. and with Messrs. Decker, Cheslev.
Goodrich and Jones got out search
warrants. Liquor brought from Bode
was red and intoxicated me. Did not
know the man he drank with at Bodies:
thinks his name is Mac.
Here Justice Dannehl asked him:
DO you mean to tell the court YOU
were here to get evidence and YOU let
this man go without finding out his
name or having him here to corroborate
your own evidence?"
Payne replied Il don't know his
name. nor have any other witness. =
Eugene Bode on stand. MIR. Goolrick
examining him:
Do you know Payne?"
Il do not. -
Did you ever sell him any liquor?'
did not 70 him or any one else"
MT mackey; What was your
former business?"
Was in the saloon business. ="
What is your present avocation2"
General merchandise. groceries and
soft drinks. Never sold any liquor
since went out of liquor business. Have
several kinds of ginger ale-5, 10 and
Z5c. bottle. Sell in original packages:
never add anything to IL intoxicating"
This ended the case, and Justice Dan
nehl, thinking no argument was de-
sired, said: Il dismiss the case at cost
Of plaintiff. -
Then Mr.. Mackey arose and said il
he had proposed to make an argument
he would not do so after the court had
made its statement.
Justice Dannehl apologized and said
he thought the attorneys did not desire
argument, as the case was plain, but
he would suspend his decision if desired.
Mr.. Mackey said no. but noted an
appeal.
The case Andrew Layton, who was
employed by q. M. Armstrong. was
next taken up.
Said he went to Armstrong; Tuesday
with F. A. Heating, his assistant: spoke
to Layton and told him he wanted a
drink of cider with a stick in il: de-
scribed the place as typical bar room.
SAID Layton poured out glass of cider,
took from icebox green bottle and
poured from II what looked like and
tasted like whiskey in with cider: paid
DC glass for 1t; did not drink but one
glass and paid money to Layton. Saw
U. s. license of 1909 and 1910 in place
Heating testified. Knew Layton by
sight; went to place with Payne. Ask
ed for cider with stick in il. Payne |
paid 10 cents for 2 glasses. What was
poured from bottle looked like whiskev |
and tasted like IT. Mr.. Armstrong was
rot present. On cross examination by |
Mr.. Goolrick said what came out of the |
bottle he believed TO be whiskey.
Armstrong testified that he was |
VI HSily SnBdSSu IN JnS saloon DuSl- |
less, but was now in canning business.
Sold soft drinks and is agent for Rose |
Cliff Cider Co. Was at his place all |
lay Tuesday. Never has sold any whis-
icy since town has been dry, and never
las been any in store.
Layton on the stand: Payne and
<eating came in and Payne asked for
ider and said he wanted it mixed.
'oured out cider and put in it some GIN
ser ale. Payne paid for it and the two
walked out 1t was sweet cider and
lad often drank a gallon day. 1t will
rot make one drunk"
Mr.. Mackey in his examination made
he statement that many people went
nto the soft drink business in order to
.un speak-easy. This was taken by
Attorney Goodrich as a reflection and
'ome sharp words ensued. There was
10 argument and Justice Dannehl dis
missed the case on the grounds that it
lad not been shown that any intoxica-
ing liquors had been sold
On motion of Mr.. Mackey a nolle
1rosequi was entered in the case of o.
VI. Armstrong, and he was relieved of |
ms bond and discharged from custody |
If court.