The Dickinson press., 1914-12-26
WINS CASE AT MANDAN
GOES TO DISTRICT COURT

Mandan Daily Pioneer, Dec. 22:-
1T is the order Of the court that
this wine be destroyed three weeks
from today, January II" said Judge
II. L. Henke late yesterday after
noon after hearing the testimony in
the Hebron wine case. He continued
"The. court further orders that one
Of the barrels, the property Of Mike
M~ossbrocker, be returned.
Rut the wine will not be destroyed
at that time if the Hebron men who
appeared here yesterday as witnesses
in the hearing have anything to say
about it. They have instructed At
torney ]. M. Hanley to prepare an
appeal to the district court from the
decision of Judge Henke. The hear
ing yesterday was held for the pur-
pose Of allowing any claimants who
might come forth, to show cause
why the wine should not be destroyed.
Nineteen witnesses were placed on
the stand. Jacob Sauter, who was the
main witness, declared that the wine
was ordered through him by the vari-
u men. His testimony was bourne
out by that of every one Of the other
claimants. All asserted that they had
ordered the wine from C. Maier of
California. That they were in the
habit of each fall laying in a years
supply and that non of it was sold
but was ordered for personal use. It
is asserted that non of the testimony
introduced would tend to prove that
the 148 barrels shipped in, SO of
which were seized, were to have been
used in violation of the prohibition
laws, and that the 1850 gallons of
wine seized in the raid by Assistant
States Attorney LANCER were for
personal use.
The finding on which Judge Hen
Ike ordered the wine destroyed was &C.
cording to the argument Of Attorney
LANCER, that the whole consignment
of wine came in the name of Jacob
Sauter with c. Maier as shipper.
That the bill of lading was made out
in the names Of those two parties,
and that while each barrel was lab
eled with the name Of some alleged
purchaser, the labels were merely
means of Identification. It was argued
that title to the wine had not passed,
as no money had been paid over or
that the wine had not come into the
possession of the individuals but was
held by Sauter. That the great sup
ply of wine held by Sauter was more
than could be considered for personal
use, and was therefore held in viola
ton of the "dry" statutes.
Attorney ]. M. Hanley today de-
clared that the court was at fault in
several instances. The barrel Of wine
which was ordered returned to Moss
BROKER was found in his garage, to-
gether with a number of unopened
barrels, all of which were seized. No
evidence, it is declared, had been in
troduced which would indicate that
Mossbrocker had paid for his wine
any than the other consignees.
Attorney Hanley also asserts that
the justice court judge cannot hold
jurisdiction in cases involving over
5000 worth of property. The wine
seized is valued at a total of '$2,400
and the attorney for the claimants
asserts that it is ridiculous to hold
that a justice court judge can order
the destruction Of property worth
$4,000 more than that over which he
has jurisdiction.
When Mike Mossbrocker went to
the court house to get his barrel of
wine it was empty, according to an
assertion he made this morning. An
Investigation as to whether the wine
barrel was tapped while en- route to
Mandan from Hebron, or since get
ting here, is due, says Attorney Lam
ger.
Those who came down from Hebron
% testify at the hearing and to claim
e Jacob Sauter, John HeinIe,
Mike Mossbrocker, G. Fisher, c..
c. Heinle, W. A. Baudel,
Jacob Auch, John Oster, G.. Schweitb,
John Meyer, Jacob Fehr, C. w. Lor-
E. Kindsvogel, H. Keierleber,
Bender, Jacob Herring, John
Unge and A. Mann.