Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-08-05
JURY IGNORES EVIDENCE
IN NOTORIOUS OLSEN CASE

OGDEN. Aug. 4--Gn the face Of most
damaging evidence with testimony
which previous jury considered and
returned "A verdict of guilty, the Jury
which heard the case Of the state of
Utah against HOken Olsen. the
notorious liquor merchant OF Hunts
VILE charged with selling liquor 70
minors, returned a verdict Of not guilty.
and Olsen was accordingly discharged.
much to the satisfaction Of his appar-
entity numerous friends. The jury was
composed Of the following: Arthur
Kuhn, William Layman. Benjamin
Cohen, John NJ. child, L. G. Cunning
ham, David Gaisford. Robert NJ. Toy
and r. d. Ashton. The actual time
consumed i'm the deliberations was less
than seven minutes and TO those who
had heard the testimony and watched
the case closely, and TO the district at
torney and his associates. the verdict
was very much unexpected, to say the
least. Probably the fact that Olsen
has been receiving pretty prompt jus
tice Of late and because he has been
sentenced to serve four months in the
county Jail and made to pay numerous
fines, IL was thought best TO come to
his rescue and utterly disregard the
record in the case
one prominent attorney on learning
of the verdict stated: II have been
opposed 90 prohibition at all times and
have fought II every time ! had an
opportunity, but this Olsen Illegal IL
quor traffic, coupled with the fact that
practically every saloon man IN Ogden
sympathiz-s ~. .Iy -" o.,..n,f, has
decided me. and in the future | am
going to work necessarily for prohibit
ton"
The facts In the case. as testified 10
I'm open court, are, that on June 4, Hy-
rum Reynolds and Emory Jones, both
NNva q. flra fNf a. a "a % II 10 Nf
North ogden. with several companions.
attended a ball game at Huntsville.
While there they purchased three bot
ties of Becker's beer from Hoken Olsen.
Deputy Sheriff Holmes Of North ogden
was present and knew the boys He
took the beer and turned 1t over to the
sheriff who held II tin the trial on July
d. when Olsen was convicted Of selling
LIQUOR without a license. The charge
Of selling TO minors was another COM
plant on exactly the same case and al
the evidence proved concluslyely mat
the offense had been committed; In
fact. the defense did not even so much
as attempt TO deny that fact. The only
material evidence claimed by the de
fcnse was that the liquor In the bottles
was not beer and two bartenders OF
ogden went on the stand and TESTIFIED
that IL was not beer but only drink
called Near beer" The district attor-
ney had three officers hunt the town
over for a saloon man who would 60
on the stand and testify In behalf of
the state and there was not a single
man I'm the city who would testify
against Olsen, although the liquor had
been analysed and the facts We're well
known. Mike Riley. a well known char
acter at police court, testified that II
was beer as he had been drlnker for
20 years and was positively familiar
with all liquors. In his instructions To
the Jury. Judge Howell specifically
stated that they We're to utterly dis
regard the fact that Olsen had been
convicted recently on practically the
same charge, and made Il plain that
the law of "once I'm jeopardy had no
bearing on this matter. This was one
of the main contentious Of the defense
and IL evidently had some weight with
the jurors in spite OF the courts in
structions.