Rocky Ford enterprise., 1914-09-25
BOOZE CASES ON TRIAL
First Case Brings Verdict of Guilty
Against Swink Saloonmen and
Second Case Now On

Against Swink Salo onmen and
Second Case Now On
First blood was drawn by the Otero
County Law, and Order League in the
fight against the Swink saloonmen in
the county court last Saturday morning
when the jury returned a verdict of
guilty against Fox & Jones upon the
charge of selling liquor to minors. An
appeal was taken by the defendants
and they were granted ten days in which
to file arguments for rehearing.
On Tuesday of this week it was de-
signed to begin the cases against the
booze dispensers upon the charge of
selling wet goods in dry territory, which
is expressly forbidden by our local OPP
tion laws, but close scrutiny of the
list of witnesses disclosed the fact that
one was an officer of the law, and as it
appears that our legal guardians are
not allowed to testify in such cases it
was necessary to throw three cases out
of court.
Yesterday the trial of Glysson, Bros,
upon the charge of selling liquor to
minors, was taken up, and it still oc-
cupied the attention of the court as The
Enterprise goes to press.
Swink Booze Case
The La Junta Tribune of last Sat
urday gives the following account OF
the first trial:
The Swink boose cases have been
| on trial in the county court since
last Wednesday, and as we go to
press the jury OF twelve good men
and true is still out Arguments
were concluded in the case at $3.50
| o clock yesterday afternoon.
Last Tuesday morning Judge Nc
| Daniel denied motion for a change
OF venue. an argument being made
| by Earl Sabin for the defense, sup
ported by the affidavits of +. p.
Morris, mayor of Swink, and +. IL.
Burshcars, that the judge was pref
| udiced and biased and was incap-
| able OF giving the defendants 4 fair
| trial This motion was overruled.
and Judge Mcdaniel Immediately set
the case against Fox and Jones,
charged with selling liquor to mi
nors, for trial, a special vcnirc for
twenty-four jutymcn being issued,
| rcturnablc at 1880 O'Clock Wednes-
day morning.
Court. assembled "Wednesday morn.
| ing with the twenyt-four jurymen
in attendance, and twelve good men
and true were selected by the noon
hour. Fred \. Sabin officiated in
quizzing the jury for the defense,
and Judge Wallis for the presccu-
ton. In the trial OF the case the
former was assisted by Judge Cham
lbcrs OF Pueblo, and Earl Sabin, OF
this city. Judge Wallis was assisted
| in prosecuting the case by NJ. L. Mil
| ler
The jury selected TO try the case
was composed OF the following, all
of whom are residents OF Manza-
nola and Fowler: ]. |. Goodell G.
c. Balm, +. d. Howe. Ola Hall, w.
II. Blackburn, +. n. Shanks, Charles
mckinley, all OF Fowler; and George
Stapleton, G. w. ingalls,, w. O.
Conklin. G.. G.. Blazer. and X. NJ.
lOwen, all of Manzanola
Fox and Jones were charged with
serving four rounds OF beer to six
boys from Rocky Ford on July 18th,
lwlio also bought several bottles OF
beer before leaving the saloon and
drank them on the way home TO the
ldry town OF Rocky Ford. They
made the trip by automobile from
Rocky Ford. and were in the saloon
long enough for each OF them TO get
ON the outside OF four bottles OF
beer. None of them were question
ed as to their age. and the transac-
ton was Witnessed by l.. l.. Sharp
of Denver, detective who was IN
the saloon at the time. All OF the
bows were on the witness stand and
testified as to the facts as related
above, Their ages range from IL
TO 10 years OF age. The only tine
1.-The bows became confused was when
: the attorney for the defense in
auird as to their age. and supple
= mcnted it with the further inquiry
= How do you know you are lS year'
old?" Some OF them did not know
for sure, and others did not at all
and still others did not have IN IN
Z tclligcnt opinion in the matter. j.
!; appeared to be altogether 10 muci
: for them. This query is very goot
i illustration of the tactics OF the de
4 fense throughout the case.
a The only defense made was tina
= Fox & Jones did not knowingly yio
n late the law. and if their bartender
= sold liquor to minors. which the!
5 did not deny they might have done
u lii was without their consent o
f knowledge and contrary TO thel
explicit orders. The defense clam
/; ed there was no intent to violate tn
o law. and THAT without intent !
t was not possible TO commit crime
: