The daily sentinel., 1914-03-20
bURK IS FOUND
GUILTY AFTER
ONE VOTE
Guilty" was the verdict returned
in the case Of Tom burke. charged
with bookkeeping by the jury at .
O'Clock this afternoon. But one b'u-
lot was taken.

The case against T. f. Burke
went to the jury this afternoon. The
panel left its seats at 4:l1 and re-
paired to the jury box in charge OF
Bailiff A. ]. Peck.
Walkers closing argument lasted
but eight minutes, but It scathingly
tore in shreds the efforts of the de-
fense to clear Burke's name of the
accusation placed against him.
Counsel Welsh for the defense de-
claIed that Walker was talented in
dividual in framing up" cases
against men whom he tried to CON
vice.
III you convict Tom Burke, it will
be because Walker slips you some
thing. There is no room for conyic-
tion in this evidence"
The states evidence was general
and referred to the general reputa-
tion of the place although one or
two of the witnesses swore TO pur-
chases Of liquor
Earl Applegate of Olathe testified
to two purchases made during fair
week last fall. w. j. Gould swore
he saw four men served with whisky
at one time while Earl Hood said he
bought whisky in a place which he
now believes was Burke's but which
10 didn't know noeut at That time.
John Mckay testified to buying
whisky in "a cigar store west OF the
Mesa county bank" last fair week.
Jesse r. France Of Clifton was
called by the prosecution but de-
MED any knowledge of the liquor
sales at Burkes.' 1t is said, however,
that he testified to several purchases
in his evidence before the grand jury.
w. G. Herrmanns testimony was
convincing. He told of seeing sever
a, men drinking from small glasses in
Burke's place and making wry faces
after they had swallowed the liquid.
He said he had seen men 20 In sober
and go out drunk and that most OF
those who frequented Burke's place
were excessive drinkers.
liquor license good until July /,
1912, was exhibited although objec-
tions were entered by the defense.
Burke. when on the stand in his
own behalf. made a general denial
OF every accusation against him. He
swore that he purchased the liquor
license because City Attorney Tup-
per had raided the Whit Rozzelle
place and made trouble over the sale
of "Senoj" an alleged soft drink.
Reference to The Sentinel files
shows that this raid WAS several
months before the license was pro-
cured but this evidence was not plac-
ed before the jury.
b. w. Vedder. o. Johnston. James
1 Hamilton and Louis Cherveny all
testified that they had been in
Burke's occasionally and that they
had never seen any disorderly con-
duct or sales of whisky.
The instructions caused consider
able disagreement between the at
torneys and the Jury was excused
during an argument over disputed
point.
The following is the Burke jury:
George W. Winn, G.. r. Hinton. A. c.
Newton. II. r. Francis, Frank c.
Johnson, .. f. Greenfield. w. II.
Harris, George C. Kaup, N G. Grif-
fin. Edwin Price. J. II. Litton and
Seth A. Reese.
Judge Sullivan excused Ed NJ.
Farley and j. F. Baughman last eve
ming from further jury service. T.
NJ. Hughlet and ]. NJ. Kelso were
challenged because they had served
within a year on a jury. Sheriff
Schrader secured three more tales
men who were Seth A. Reese, Fred
Gilbert and william Mattress.
Tho Burke case is the last for the
week and all jurymen not engaged in
the trial of that case were perma
nently excused this morning.