The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1916-05-20
LIQUOR CASES
THROWN OUT
INTERESTING SESSION HELD IN
JUSTICE COURT LAST MONDAY
EVIDENCE WAS INCONSISTENT
Cases of Notes Bros. and Charles
Lee Were Dischsrged--Large
Crowd Present

Last Monday morning large audi
ence was present al the opening court
by Justice DAWSON, when the final pre-
liminary hearing in the case Of the
People against the Notes Bros. was
resumed. II will be remembered by
our readers. that Joseph and Alheno
M.S tes were discharged with a mum
k1r OF other defendants at a previous
hearing when the detectives, who OBJ
tanned the evidence in tile case. We're
not produced by the prosecution. I'm
mediately upon their discharge the
three Notes Bros were rc-arrested
and the detectives were then present
and testified for the people, as did
Porter Woods. and Charles Hampton
two well known local Witnesses. There
was however an irreConclahle con
fiict I'm the testimony Of the detectives,
as Mr. Carson had sworn that Porter
Woods. who was az that time produced
ON the stand. was MOI the man who
was in various soft drink places with
him drinking whiskey, whereas, Mr.
sero, the Indian, claimed 10 positively
recognize him. although il appeared
from the notes Of both detectives,
which they took at the time when gath
erng the evidence, that MIR Woods
was in the Notes and other places at
that time. Mr. Woods on the other
hand testified that he was in Taylor
Rapids. Wisconsin.
Prosecuting Attorney Walfen plain
ly pointed out the Inconsistencies IN
the testimony, but stated that he WAS
prepared nevertheless TO try this case
as well as all other cases that may be
bound over on similar testimony in
circuit court Contary 20 a statement
appearing i'm last weeks Reporter he
said he was instructed by the Circuit
Judge in open court. 10 bring all local
option yiolators 20 Justice and was
pursueing that course regardless of
the expense necessarily involved, but
that no good can result in having men
bound over. whose acqGittal on weak,
insufficient or, conflicting evidence
produced by the people would be a
foregonc conclusion, he leaving how
ever, the disposition OF the case en-.
tirely In the hands Of the court.
Mr.. Power. who represented the de-
PENDANTS. In an able aud eloquent ad-
dress. demanded their discharge ON
the ground that there was no probable
cause 10 believe that AN onense had
been committed,
Justice DAWSON, after carefully con
sidering the evidence and comment
ing on the inconsistency of the evi-
dence OF the detectives themselves mp
on which the prosecution must rely in
circun court for conviction. thereup,
OF discharged the defendants
The next case on call was the ease
against Charles Lee. who will be- re
membered as one of the defendants
who plead guilty al the last term of
circuit court and who was fined four
hundred dollars and cost The cviden
ce in tina, case showed that on the
eleventh OF March. officers Jesscn and
Harry Urban entered the front door Of
MIR. Lees place OF business while chief
or police Broad and John Lind came in
hy\the rear. That when the officers
approached with the search warrant,
Mr.. Lee went behind the bar and at
tempted to take away or hide a bottle,
which proved to be Virginia Dare
That schuffle resulted, and Mr.. Lee
was then arrested. and that a second
bottle was subsequently found standing
near one Of the card tables In the sa-
loon MIR. Powers, who also represent
ed this defendant. claimed that the
wine was not the property Of Charles
Lee. but belonged 10 man by the
name of Walter" who went before
Justice Dawson the day following the
raid and demanded the return OF his
property. and that Lee did not know
that the wine was In his saloon. as
walter had left the bottle al the end
OF the bar and called Lees attention
40 II and wanted to take Il away just
~ the officers entered. 4 local mcr-
chant also testified thar on the day OF
the raid this Walter was in his place
pr business trying on a suit Of clothes
and in doing so removed one Of those
bottles of Virginia Dare from the
back pocket 81 his trousers Similar
testimony was also given by three or