Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-05-20
JURY FOUND NO
LAW VIOLATION
w. v. slLvERs CO., 10 ACQUITTED
IN SEARCH WARRANT SUIT IN
BERRY's COURT.
BITTERLY FOUGHT
Attorneys In Controversy Wax warm
In Arguments to the jury
Record Time Of 7 Minutes
to Decide the Case.
BITTERLY FOUGHT

for violation of law in the sale OF I'D
uors returned verdict In favor OF the
defendants this afternoon IN the court
of Justice of the Peace w. berry.
The action was brought by }. M. Smlln
and Tom Mulvaney who caused TO pc
issued search warrant, which closed
the Silvers' place on East Main street
Saturday night.
The trial started yesterday morning
and ended promptly at two minutes
past noon today. The jury retired to
consider a verdict at 11:55 o'clock.
The verdict of the jury follows:
1--WE, the jury find that the intoxicat-
ing LIQUORS seized under the search
warrant were not kept for sale or be-
ing sold in violation of law" The jury
men who heard the case are A. g..
Cook, Charles Poulton, William Evans,
r. s. Thomas, w. ]. Kelly and =. NJ.
Bowlin
vitriolic statements to the jury were
made during the late hours OF TINS
morning by both Attorney 10 Jacques
for the defendants and w. w. Rankin,
for the plaintiff.
The PLAINTIFFS Evidence.
William Bennett, an employe OF
tailoring establishment, was the nrst
witness called by the plaintiff. ne
stated that he went to the w. V. Sill
vers Co., place for suit Of clothes De
longing to William Souders, and that
while therein, Souders gave, him q
pint bottle of beer. He declared that
he was past seventeen years old.
The legal papers filed by w. Y. Sill
vers Co., were identified by County
Auditor James F. Stevens.
C. E. Norton told of procuring the
lease of the building for w. " Silvers
Co.. from Charles Sax.
Another minor testified In the per-
son of Edward Myrick, OF Eddyvllle.
who is a student in q school at Kinks
Vile, Mo. He said he was twenty
years old and declared that he visited
the w. v. Silvers place In company
with Joseph Smith and while there
was treated to glass Of whisky by
John Maloney Of the Arm.
T. H. Burke testiheL 10 being IN the
place on the same night as Bennett
was, but declared that he did not see
Bennett drink anything from the bot
tie that he was Civ n.
Joseph Smith declared that he was
in the Silvers place with Myrick and
saw Myrick drink the glass of whisky.
This was on April 8.
Testimony that four year old child
drank beer in the place was given by
Conrad Fisher, miner of Rutledge.
Fisher stated that during the last
of April he was in the w. v. Silvers
place and his four year old boy was
with him. He declared that he bought
bottle of beer from E. ]. Lancey.
He said further that Lancey gave him
glass and he poured out some OF 1t
and gave 1t to the four year old boy,
who drank 1t.
]. M. Smith on the stand declared
that he always transacted business
with w. v. Silvers. who came into his
place, took the orders and telephoned
In to headquarters and later came
back and collected the money for the
products.
At this period, County Clerk George
Phillips told of the court record, show
ing that w. v. Silvers was convicted of
contempt of court.
Tom Mulvaney, the last witness for
the plaintiff, stated that his permit
was revoked by the city council. He
declared that he did business with
w. v. Silvers and made out check to
w
w. v. Silvers.
Testimony for Defendants.
H. A. Koett was the first witness
called for the defense. He. swore to
the fact that he did not give Bennett
any beer at the time alleged, nor at
any other time He did not remember
Of ever selling to Bennett in the w. v.
Silvers Co.. place.
e. ]. Lancey testified to knowing
Conrad Fisher and declared emphatic
ally that he never sold him any liquor
in w. v. Silvers Co. place. Neither
did he ever see Fisher and the boy in
the silvers establishment. Mr.. Lancey
said that Fisher and the lad had come
into another saloon where Lancey
worked and that he made Fisher take
the boy out.
Evidence relating to the co-partner-
ship of Maloney and souders, known
as w. v. Silvers Co.. was given by
]. P. Maloney. He said that he
never gave Myrick a drink in their
place of business.
Fine Fruit Prospects.
n,Lalooea Nav Isl d. Yeoman