La Junta tribune., 1910-07-23
Jury o'sasress In seo.s Case.

Twelve good men and true-One
honest Jew and eleven stubborn Chris
tians--tried H. G. Todd, the Santa Fe
avenue druggist. In the county court
last Monday, on a charge Of dispens
Ing booze contrary to the peace and
dignity OF the great state OF Colora
do. The jury disagreed, after swell
tering for several hours In the Jury
room. and about 10 O'CLOCK at night
notified Judge Mcdaniel that a unan
imous verdict was altogether improL
able. The jury stood eleven to one
for acquittal, but the mystery is how
1t happened that the verdict was no,
unanimous.
The case was called at 10 O'Clock
Monday morning and was tried In
Woodman Hall. on account OF ses
sion OF the district court being on al
the court house. The prosecution
was conducted by Assistant District
Attorney O'Connor and G. NJ Dam
eron appeared for the defense. Each
side had three challenges, all OF
which were utilized. and the jury
as it finally lined up was as follows
Grant Harbour, John Harding, S. r.
MendelsOn. II. o. Van Inwagen. v
Albera. d. c. Gill. John Holly, Dave
Fresch, Noah George, Gerald DAM
her, Charles A. Lowe and w. NJ.
Scott.
There was only one witness for
the prosecution, f. j. Busey, a Den.
yer anti-saloon league detective. who
visited this city last February posing
as land buyer, and was shown all
kinds OF automobile attention by
eager real estate men. He had a
partner with him. George Thompson,
but the latter was in very Lad health
when he visited this city and died
a few weeks later.
Busey testified that he purchased
n quart bottle OF Old Jim Baker
whiskey at Todd's. securing the booze
from one Of Todd's clerks. His ev-
idence was not substantiated, how
ever, his partner In the effort to ac.
quire q copious quantity Of thirs,
ailcvistor through the drug store
routs. AAsing. hasn call91 :. " thai
bourne from which none come
back to testify.
The evidence for the defense va,
that Todd had instructed his clerks
never TO sell booze to any one, nc
matter what the provocation or the
plea, and the clerk. whom Buscy
Identified as the man from whom he
had secured the liquor. testified that
he had never seen the man lefore In
his life and had never sold him any
liquor.
Sammy Hayes. the senegambian who
celebrated Johnson's recent pugilisti,
victory by starting out upon the
warpath to clean up the town. was
also u witness for the prosecution
Hayes Is serving out AN $50 sentence
on the streets OF La Junta for making
gun play and resisting an officer
The first question fired AT him b,
the attorney for the defense WAS
when did you get out Of jail?" IL
which he made the meek response
Il done ain't out jes' yet" He wal
formerly In the employ OF Todd. ant
testified that although he had scei
whiskcy sold In glasses In the dru,
store. he could not recall an In
stance where u whole bottle OF booz'
had been sold. He knew nothing %
the particular case that was on trial
Owing TO the prepondcrancc an'
supera undapcc of evidence for III
defence u great prepondcrance AM
superabundance Of the Jury claimc'
that they could not do anything cls'
than bring In u verdict OF aoQui,tnl
but there WAS one representative o
the children OF Israel who though
otherwise 30 he hung eleven Chris
tians.
II In probable that the ease vii
come up again at some future tern
OF the county court when a rcgula
panel OF jurymcn IN In attendance