The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1912-02-22
SELL CIGARETTES
AGAINST THE LAW
AFTER A WARNING
Three Dealers Received
Minimum Fines for
the Offense
SUCCEED H LAD
Boy Who Gave the Informa-
ton was Slugged Satur-
day by Other Boys.
SUCCEED THE LAD

For some time efforts have been
made by the police department to
break up the business OF the cigar
houses from selling cigarettes,
which is in violation of the state
law. Some six weeks g Sheriff
Berry and Chief Smith went 20 four
or five of the cigar stores and asked
them TO desist from selling the
cigarettes, and told the proprietors
that they did not wan to make them
any trouble, and gave them this
warning to keep them out of trouble.
The dealers said that there would be
nothing doing hereafter.
Laid Plan to Catch Them.
After that the cigarette business
seemed to remain quiet ion a period.
but only a short one. 1t was evil
dent to the Shirt and the chief of
police thai the cigar stores We're
again selling the cigarettes, and they
laid a plan to catch them at it and
put a stop to it. The officers got a
young man by the lame of o. Weak
ly to make some purchases where he
could, and he was successful in get
ting cigarettes at four different cigar
stores. He laid the information and
the cigarettes before Chief Smith, and
the chief with Sheriff Berry made the
raid Saturday afternoon. placing UNI
der arrest II. j. Blair. Julius Herm-
an, Victor Johnson and Christ Catho-
las, OF the Varsity Place.
Two Pleaded Guilty.
Saturday evening Herman anG
johnson appeared before Judge
Drake and pleaded guilty to the
char &c OF selling cigarettes and the,
were given a fine of $40, which the,
paid. Mr.. Blair declined to pleat
guilty and demanded a trial. States
Attorney Herbert appeared for tn,
state and Blair went into the cas-,
without an attorney.
Fined for Contempt.
Some three or four witnesses wer,
secured to give evidence in tn,
Blair case, mons whom was Georg,
Tobin, who has been buying cigaret
ties at some place and selling then
in bootleg style on the streets tt
boys. Tobin was asked by the state
attorney where he bought cigarette
out the young man refused to ans
wer the question, and when the cour
!. Official insisted that he answer TobiI
still refused. Judge Drake jnforme'
I. the young man that he would have t.
answer the question he still refuse
TO comply with the order of the court
Judge Drake fined Tobin IS for con
I tempt of court and had him remand
: ed to the city Jail until the fine wa
paid. Several hours afterward tn
money was paid and Tobin was re
leased. Without much of a defens
, on his side Mr.. Blair finally pleade
guilty to the charge of selling cigar
cites. and the court imposed a fin
+ OF $40 and costs, which amounted t
SEA, and the fine was paid.
Dismissed Fourth Case.
S The case against Catholas, of til
t Varsity Place, was taken befol
. Judge Drake this morning and tn
state attorney informed the coul
: that the case had been dismissed o
i account OF the lack OF evidence.
I Assaulted Young Weakly.
5 Saturday night after the arrests {
the cigar dealers had been effecte
and the cases OF two disposed of.
group of young men got togethe
and expressed their indignatio
against Weakly for the part that Il
t. had played in the breaking up of til
business. They went down MAJ
street and near the corner of Secon
; Avenue they found Weakly s%tandin,
1t is stated that they gathered aroun
II him, and that one among the nun
a Der struck him in the back of til
head, Telling him to the sidewall
Most of the bunch We're taken int
court, but it was impossible TO a.
certain which one of the crowd mad
the assault, consequently no arrest
We're made.