The herald-advance. (Milbank, S.D.) 1890-1922, 1914-11-20
The Schultz Case

Verdict Of Assault and Battery. and
Sentence Of Thirty Days In Jail
and Fine Of 500 and
Costs In Case
The manslaughter case of the
State VS. Henry Schultz, was on
trial last week, occupying the
time of the court from Tuesday
afternoon until Saturday evening
after five o'clock when the case
went to the jury. At the morn.
ing session States Attorney Rix
reviewed the evidence on the
part of the state, and Thad T..
Fuller did like service on be.
half of the defendant. and j. NJ.
Huff made closing plea for him
at the afternoon session, How
ard Babcock making the closing
address for the state. The
judges charge to the jury stated
that q verdict for acquittal, for
manslaughter in the first or
second degree. or assault and
battery could be rendered. The
jury were out for several hours
and brought in verdict Of
assault and battery. On Mon
day Judge Bouck sentenced the
prisoner under the verdict to 30
days Imprisonment in the
county Jail, to pay a fine of $lOO
and the cost of the trial.
A review of this case will very
forcibly bring to mind the un-
profitableness of the LIQUOR
business both to the individual
and the community. The
evidence brought out the picture
of country dance to celebrate
the raising of a new barn on the
farm, and the embling of the
young men and maidens of the
surrounding country. a whole.
some affair with one exception,
the bringing into the gathering
a couple of kegs of beer, and un-
doubtedly other liquors. The
medicine began to get in its
work by the time the dance
closed in the small hours of the
morning, and instead of seeking
their homes number of those
who were already becoming
top-heavy with their load of
barley corn, resolved to stay and
see the bottom of the beer kegs.
The evidence showed that these
two innocent looking kegs con-
tanned something less than a
half dozen fights. the death of
one Of the participants, and no
end of trouble and expense
to one other who was arrested
tried, fined and imprisoned for
his part of the affair. Men may
howl about personal liberty
and declBre that they have a
right to eat and drink whatever
they like, but when their eating
and drinking brings such dis.
aster upon themselves and
trouble and expense upon the
community, we submit that
society has right to protect it.
self by prevention as well as by
punishment. even at the sacrifice
Of this boasted personal liberty
Of the individual That Henry
Schultz had no desire to take a
human life when he and his com.
panions started for the barn
dance that summer evening may
we'll be admitted; but booze very
often puts fight in an otherwise
peacable man just in the same
proportion that it takes out of
him his good sense, and in his
drunken madness he delivered
Kick that cost Henry Ferber his
ife, and brought no end of trou-
ole and disgrace upon himself:
This is but one of the cases of
similar character that can be du-
olicated any day of the year in
some part of the country. Is it
my wonder that sober, sensible
people are getting so tired of it
,hat four states at the recent
election adopted absolute prohi-
oition, andsthat there is q con-
stantly increasing public senti.
nent that will eventually over
Uhelm and wipe out this whole
liquor business-and that at no
distant day.