The Liberal democrat. [volume] (Liberal, Kan.) 1911-1924, 1911-04-28
HEAVY DOCKET
Court Has Been in Session
Here for Over a Week

Ex.mayor Miller was charged with
selling aduletrated milk on three
counts and with violating the state
dairy law on one count. His de-
fense was that he did not sell the
milk, but that his wife, who now
resides in Colorado, had exclusive
charge OF the dairy business here
after January 1, 1911. 1t was
also claimed by the defense that
the information charged that the
milk was sold to H. G. Staples.
The testimony showed the sales
were made to Staples 6 Qualls,
who owned the Annex Cafe. 1t
was brought out in the testimony
that Roy Davis who worked at the
Miller home for his board and
room, had seen Mrs. Miller pour
water in the milk. The tests show
ed that the milk in question was
aduIterated by the addition of
from 27 per cent to 33 per cent in
the three samples tested. The
jury brought in a verdict of guilty
on all four counts in As minutes.
The defense made q motion tor a
new trial which was oYer-ruled.
In passing sentence upon }. E.
Miller, Judge Thompson said:
Mr.. Miller, in my judgment,
the legislature has been too lenient
in fixing the penalty in cases of
this character. A man convicted
of adulterating and selling adulter-
ed milk. should be placed in q lower
class than even the fellow who sells
intoxicating liquor, and the pen
atty therefor should be greater in
stead of less; for the reason that
in the sales of liquor the purchas-
or knows what he is getting and
noione is especially injured except
him, while sales of adulterated
milk go into the homes of unsus-
pecting people, and may cause even
death to those who drink it. This
seems to be an extremely aggra-
vated case. A crime committed by
an intelligent person, in high posi-
ton IN life where the public had
the least reason to suspect it; and
from a purely mercenary motive
without any excuse therefor. You
werein fair financial circumstances,
the mayor Of this city, occupying
a position of honor and trust, and
whom the people had a right to
expect would not only observe the
laws yourself, but enforce them
against all violators.
THE proof in the case is con-
elusive. The weak and unmanly |
attempted explanation in trying to
shift the crime upon your wife is
repulsiye to all decent people.
Owing to the nature of the crime,
and the apparent brazeness in en-
'desyoring to eVade it; and as an
example to the public that matters
of this kind can not take place
without severe punishment, it is
my duty to assess about as high
penalty,as the law in its extreme
leniency.alloWs.
1T is therefore the judgment of |
the Court that you pay a fine of
$l.00 on each of the four counts
of which you have been convicted, !
makinga total of $4OO., and the
costs of this action, and that you
stand committed to the county Jail
of Seward County until the fine
and costs are fully paid"
The case of Stout VS. Bolin which
resulted in hung jury at the last
term of the district court came to
trial Monday. This was for re-
covery for purchase price of
bunch of cattle. The jury award
ed the verdict to w. G. Stout of
Arkalon, and gave him $500 and |
the costs of the action will fall on
j. K. Bolin.
tcontinned on page %