Weekly journal-miner., 1916-08-30
JURY IS UNABLE ID AGREE IN
 DUFF CASE
ATTORNEYS FOR DEFENSE AND PROSECUTION SUB MT STRONG FINAL AR GUMENTS AT TRIAL.
(From Saturdays Daily.)

! the jury in the case of Larry Duff, charged with violation of the State prohibition amendment, was locked up at II o'clock last night and will resume delibcration this morning.
 The case was given to the jury at $50 o'clock yesterday afternoon after having occupied the greater part of the last two days in the Superior court Both sides fought vigorously, Attorney Morrison, for the defend ant, striving to prove that his client was the victim of mass of discrcdi- table testimony not worthy of belief and County Attorney O'Sullivan and Deputy County Attorney Morgan using every effort to prove that Duff had sold an intoxicating drink to K. ] H. Bryant, a Thiel detective, on May 2 last.
 The trial attracted an unusual amount of attention on account oi being the first of the so-called boot logging" cases in which the defendant was charged with selling an intoxi- cant diluted with mild beverage, and which was not alleged to have been a pure intoxicant.
 At no time during the trial was any attempt made to prove that any un- adulterated liquor had been purchas- ed from Duff by either Cooper or i Bryant, Thicl detectives, or Mrs. Bryant. The case hinged about the ingredients of what the defense claim cd to be pure gingcr-ale and what the prosecution attempted to prove was ginger-alc diluted with about g per cent alcohol.
 The testimony of Mir. and Mrs Bryant and Cooper was practically tEc same as that given at the prclim irary hearing of Duff. They told of the alleged effect which the gingcr-ale had upon them and Mrs. Bryant tes tiiied to having accompanied her hus band to booth in the cafe where Duff IS employed and of watching the former take samples of the gingcr-alc These samples, when tested later, were alleged by the prosecution to contain 30 per cent alcohol.
 Duff testified that he served Mir and Mrs. Bryant only pure gingcr-alc and that when he had taken some oi the drinks into the booth Bryan. had displayed a brown bottle and asked him if he wanted a drink of some thing good
 F. $. Nlilligan, who several days ago was sentenced to the State peni- tcntiary after having pleaded guilty to a charge of forgery, testified for the prosecution that on June 10th he Lad visited the cafe at about l0I o'clock in the morning and had pur- chased an intoxicating drink from Duff. Stanley Pricstly. a fellow em ploye of Duff's, took the stand in re buttal and testified that Duff had not worked day shift for years, and that on June 10th he, Pricstly, and Duff had gone out into the country to look at mine.
 Matt O'Leary, another employc of the cafe, "Coloncl' Fred Bowler and Joe Hobbs were called by the de fcnsc and told of one occasion on which Nlilligan produced a bottle oi whiskcy while drinking in the cafe and attempted 10 spike" a glass of gin ecr-alc that O'Leary had served him.
 In his final argument before the jury, Attorney Morrison assailcd the testimony of Cooper and Bryant on the ground that they were hired witnesses" He charged that they had been sent here by the Thiel agency, after other operatives had failed to get evidence of bootlegging, with or dcrs to make good" in order that the Thicl people would not lose the busi ness of Yavapai county. He alleged that Bryant had kept the samples oi ginger-alc alleged to have been secur- ed from Duff for two days before turning them over to chemist to be analysed The entire case was gone over carefully by Morrison and each bit of testimony given by witnesses for the prosecution was faycd and ridiculcd by him as part of an at tempt to get everybody in Birch | Bros cafe.
 County Attorney O'Sullivan put up an equally vigorous argument for the prosecution. He dwclt at length on the adoption of the prohibition amendment and declared that it must ! be enforced as any other law, regard less of whom the prosecution might affect. He upheld the testimony of the detectives and declared they were