The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-04-03
WHO'S THE JUROR THAT
CAUSED THE UPROAR?
kAIrENsAcH ASKED TO az tx
cUSeD IN MARX CASE.
Spectators In Criminal Court Think
There's Something Rot
ten IN Denmark


excused from further service on this
jury" said Juror Adam Kaltenbach
TO Judge Jordan. in the Criminal
Court last evening. when the Jury was
excused until this morning. after they
had reported their inability to agree
on verdict In the case Of the State
vs.. Peter Marx. Continuing. Mr.. Kali
tenbach said: Il think when we
come into this court as Jurors we
should decide the cases ON the evil
dence placed before US. and II he does
not act that way, then he should give
his reasons so we could argue them,
at least. I am tired OF coming up
here and being made a fool Of"
Mr.. kaltenbach did not indicate
who the juror was to whom he re-
ferred. and naturally there was some
speculation among the spectators
Moreover. under the circumstances.
they were somewhat surprised and
gave every evidence OF their belief
that there was something rotten in
Denmark" Naturally, they wondered
why the Juror referred to by Kalten-
bach conducted himself In the manner
stated.
The court did not go into the mat.
ter any more than 10 motion Mr. Kali
tenbach to silence. but IL was init
mated that the matter might be gone
into when the jury returns this morn
ing TO ascertain just what Mr.. Ka'ten.
bach meant by his statement.
The above feature came as the de
movement of hard fought case when
Peter Marx was placed on trial in the
criminal court to answer a charge OF
selling intoxicants to minor girls. The
case was one OF rather aggravated
nature. as II was brought out in the
testimony that Marx had been repeat
eddy warned about selling to women,
and on the particular offense for
which he was indicted Officers Wal
ker and Worls followed the two young
girls into the saloon, saw the bar
tender lay the beer down on the table
II them End saw one of the girls pay
the bill and receive her change. Then
the officers conhscated the beer and
TOOK tho gills over TO police headquar.
ters. The beer was labeled for evi.
dence and put away and was brought
into court yesterday and identified by
Officer Walker as being the beer
passed over TO the girls. At the ~
quest OF Mr.. Handlan, Walker tasted
the contents of one OF the bottles.
after which he said. That's beer, all
right"
The two girls. who were the prose-
cutting witnesses. testified to the pur-
chase OF the beer and sandwiches and
corroborated the statements OF Off
GERS Walker and Wcrls. They also
testified TO having purchased beer in
the place on one other occasion.
The defendant and his bartender
were the only witnesses for the de-
Tense, and the latter testified that no
orders with reference to selling TO
women had been given him and he &C.
copied the money for the drinks in the
presence OF the officers. Marx pre-
pared the sandwiches while the bar.
tender got the booze. but he claims
To have not seen the girls and did not
Know they were under age.
After the evidence was all in and
the courts instructions read. Attorney
Gail Hamilton made the opening ad.
dress Tor the state. He was followed
by Attorney J. J. p. O'Brien for the
defense. who made a strong plea for
his client. and Prosecuting Attorney
Handlan closed for the state. His plea
was one of unusual eloauence, and he
paid glowing tribute to womanhood
and the sanctity of the home.
A Dangerous Privilege.
a license is a dangerous privilege
IN the hands OF a reckless or careless
man. the prosecutor went on to say.
and that In the hands Of n person
competent and qualified TO enjoy the
privilege 1t confers there is no ser
ious objection to it by any one. The
majority OF saloonkeepers are posi-
lively opposed 10 harboring or enter
tanning women in their places Of bust.
ness and in justice TO such licensees
the conduct OF Peter Marx I'm selling
through his bartender drinks to these
girls ought to be condemned in the
verdict by this jury"
When the case went TO the Jury the
general supposition was that an early
verdict would be returned. but AZ
O'Clock. after being out over an hour
they were returned - the court room
and the foreman. John Rabig. an
nounced they had not agreed and that
there was little likelihood OF their
getting together The Judge then ex.
cused the jury until $50 O'Clock this
morning. and Immediately following
this came the rather startling reouest
OF Juror kaltenbach mentioned above