Daily capital journal. (Salem, Oregon) 1903-1919, 1915-07-29
Jury FINDS walter
|. I0DzE NOT GUILTY
OF VIOLATING LAW
Short Session Clears Billiard
Room Proprietor Of
Charge

The world 3 record row about door
being left open was on in municipal
court yesterday afternoon. Though the
case has been in preparation for some
weeks and il took nearly three hours TO
try il il required but 10 minutes for
the Jury 10 settle il and a verdict of
"Not Guilty. was returned in the ease
Of the City Of Salem against Walter l..
Tooze, charged with leaving the side
door TO his pool aud billiard room open.
The case was called at a little after 9
'elock and the jury returned verdict
about O'Clock yesterday afternoon.
The Jury consisted of l., NJ, Boggs, Ed
Sweazy, o. l.. McPeek, N, s. Smith, A.
+. Marcus and Ira Jorgenser
Officers White and Victor were the
only two witnesses called by the city.
Officer White testified as TO the max.
ing Of the arrest aud on cross examina-
tion stated that George Patterson, Mr.
Tooze s partner, said that he and not
Mr.. Tooze opened the door in question,
Police Of Chief J. T, Welsh was the first
witness called by the defense and he
testified as to the formal complaint
made against Mr.. Too1e and sworn TO
by him.
George W. Wechter was then called
by the defense. M Wechter is n
butcher at 257 South Commercial street,
and he stated that he had often tried
to enter the billiard room from the al.
ley as he was going from his storage
plant at the brewery to the defendant s
place Of business. He had never been
able TO enter by the side door, he said,
Ben Femme, an employe of the defen.
dant, stated that he had opened the
| door in question a few times for ven
tilation only when the place was crowd.
ed and full Of tobacco smoke During
the warm weather this was done, he
said, to let in little air, or for the
delivery Of packages by cXpressmcn.
Tom Ordeman was also called and said
that he had never seen the door open
. but once.
George Patterson, one Of the proprie'
tors Of the billiard hall. testified that
he opened the door at the request Of
one OF the patrons OF the place who
said that the air was heavy and that
he would like to have little fresh air
let in. Mr. Patterson said he then
opened the door. Walter h. Tooze whom
he took the stand in his own behalf
said that he did not know that the door
was open until he was arrested for op
ening It,
City Attorney Trndle made but q
short talk to the jury in presenting th'
eity's side Of the ease in which he sale
that Mr. Tooze had been hailed init
court as one Of the proprictors OF th'
place Walter l.. Tooze, the defendant
then made his talk in his defense anC
recounted his efforts in the past in The
advancement Of the city Of Salem ant
Marion county and expressed his re
grets at being charged with a misde
meanor which was admittedly commit
ted by another man Mr.. Tooze made
strong talk in his own clear and force
full manner and stated that he had n,
= hesitancy in leaving his fate in th'
hands Of the jury as fair minded mel
= aad citizens OF Salem. Attorney Me
: Inturff and Walter L. Tooze, Jr., spok,
, briefly on the issues Of the case and i
was turned over to the jury after Cit!
= Attorney Trindle made his talk in re
buttal