The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1910-06-06
LONG LIST OF CASES FOR
COURT IN ONTONAGON

one OF the largest court calendar.
recorded i'm years Is listed for the Jun,
term OF circuit court which convene.
at the court house i'm this village Mon
! day, says the Ontonagon Herald.
While there seems To be only one
criminal case which Is of the People
US. Frank MaalSi for burglary with w
r. Adams prosecuting attorney for
the people. There are seven Issues
of Fact cases; three Importance and
twenty-five chancery cases, and
from an. appearances il will take SOW
eral weeks 20 complete the list.
There are only n few cases which
require a jury and we will not have
the jqryTnen here any longer than
usual but several copper country at
tornoys including Galbraith & Nc
Cormick of Calumet; Z. II. O'Brien.
Laurium; Allen r. Rees, Houghton;
c. A. Marsch. Macdonald & Kerr
Calumet; O. j. larson and NJ T..
Louisell, Duluth; Louis Legris
Bali & Stone. Houghton: Ball & Ball,
Hin & smith. Marquette besides the
| Ontonagon attorneys, all of whom
figure very prominently in the June
calendar. Judge Samuel S. Cooper
of Ironwood win preside.
Martin Hesse Acquitted.
At the direction of the judge, the
jury in the case of Martin Hesse. the
Tamarack Mills saloon keeper who
was placed on trial in the circuit court
Saturday morning accused of selling
liquor To a minor. found the respondent
not guilty. Hesse was accused of sell
ing liquor 10 Walter Lizenby, Is years
old, last January and ii took from the
beginning of court i'm the morning I'M
til nearly o'clock TO get I'm the evil
dence, although only a few witnesses
were heard.
When all the evidence had been
heard. Attorney Rees addressed the
court and asked that the jury be ex-
cluded as he wished to argue a motion.
The motion of Attorney Rees to in
struct the jury to find for the defend
ant was based partly upon the facts as
deduced from the testimony in the
case and partly upon the manner in
which the information was drawn. He
argued that there could be no convic-
ton without evidence to show that the
respondent, himself, not someone else,
knew that he was willfully and inten-
tionally selling liquor to n person less
than Il years old and declared that ii
was obvious from the testimony that
neither Hesse nor the man who was
temporarily i'm charge of the bar at
the time, Timothy Roberts, suspected
that the complaining witness, who was
accompanied by his uncle and his cou-
sin, was under age. The second part
Of the attorneys argument had to do
with the technical wording of the in
formation upon which the defendant
was held, il stating that the saloon
keeper sold the liquor to the young |
that the boys companions bought the
drinks.
AcquittaI Ordered by Judge.
After listening to the arguments Of I
ing passages in the statutes, the judge !
addressed Prosecutor Macdonald, say I
ing that unless he, as prosecutor. would |
the complaint the court felt
obliged to instruct the jury to find a
verdict of not guilty. Mr.. Macdonald
replied that he would prefer to stand
by the ruling from the bench and the
jury was summoned from the room to
which it had retired and the court adj
dressed them, directing that a verdict
be found for the defendant. which was
done without the formality of retiring
from the court room.
While this case was being finished
up two pathetic incidents occurred i'm
the court room. one of these had to
do with the report of the jury i'm the
case Of Andrew Jokela to the effect
that it had determined that he was
guilty of larceny. This jury informed
the court that ii had agreed upon a
verdict about an hour before the Hesse
case was completed and the latter case
was interrupted to allow the Jokela
Jury to report. As the last words of
he verdict fell from the lips of the
foreman or the jury, there was pierre
ng cry from wee baby held by its
mother in the center of the big room
L was the defendants five months-old
babe from whose lips the cry escaped
md Jokela was seen to bow his head
md brush at his eyes with the back OF
his hand. The other incident was when
/ reporter for The Calumet News told
he sheriff and Attorney Rees that the
brother of Timothy Roberts had been
lilled by the train at Baltic that morn
ng. This was just after Roberts had
inished his testimony in the Hesse
'ase and the sheriff then told him of
lis brothers death. He was much af-
ected. hurrying from the court room
{ once.