Weekly journal-miner., 1916-07-26
MANY SURPRISES IN TESTIMONY
 OF DEFENSE
NUMEROUS VIOLATIONS OF LIQUOR LAW BY SHOPPERS, EVIDENCE IN BIRCH TRIAL.
(From Wednesdays Daily)


 jury in the Superior court of the case of Bob Birch for alleged violation ot the prohibition amendment, the de- fense scored heavily yesterday after noon when it presented witnesses who testified to numerous violations of the liquor law on the part of w. w. Terry, one of the three prosecut- ing witnesses.
 Many surprises were brought out I'll the course of the testimony of the de- fensc. Witnesses testified that both w. w. Terry and his brother, $. l.. Terry. who were employed as spot ters" by Sheriff Young, had sold or given away whiskey. According to the testimony of Marion Rodgers, cm- plovc of the Head Lumber Company: Ray Thinker, an auto mechanic, and Charles A Van Tyne, health seeker, w. w. Terry sold each of them indi- vidually, pint bottles of Old Taylor whiskey at S2.50 pint at different times during April and May.
 Earlier in the day, Sheriff Young had testified that W. w. Terry and his brother, S F. Terry, had been in the employ of the shcriff's office since. April 18th at S a day. In Will Terry's testimony on first examine ton, he admitted having run up an expense account of $200 since being employed by the sheriff.
 The testimony given yesterday bv witnesses for the defense was posi- tive on the point that w. w. Terry had sold liquor to them about the first of May, which was after his em- ployment as "spotter."
 Ed Terry, another prosecuting wit ness, was shown to have endeavored to find out during a conversation where he could sell couple Of cases of whiskey, according to the testi- mony of L. C. Bennett, an auto stage driver on the Prescott-Maycr run. This conversation according to the witness took place al Mayer. The witness further alleged that Ed Ter " passed around the drinks in the Mayer hotel.
 Then the witness threw bomb in to the prosecution when he said that Bob Birch had threatened to kick w. w. Terry, and others, out of the Birch Bros rooming house unless the 'boozing' was stopped. Bennett said he was present at the time Birch made this remark. He said that Birch then told w. w. Terry that he be- lieved Terry was ''bootlegging" and that he was to vacatc the room. This occurred about April 10th between the hours of and } o'clock in the afternoon. according to Bennett.
 'Tnvestigator" Ralph H. Bryant's testimony was contradicted by Larry Duff. an employe of Birch Bros. Bryant claimed to have purchased in toxicating ginger ale at Birch Bros cafe from Duff On the witness stand yesterday afternoon, Duff swore that the ginger ale he served MT and Mrs Bryant did not contain any intoXicat- ing liquor, whatever. He further tes- tihcd that Bryant offered him drink from brown bottle which he had with him in the booth of the cafe Duff said he refused because of sick ness.
 Duff also contradicted the tcsti- mony of w. w. Terry that the latter had purchased pint bottle of whis- key from Bob Birch on the night Of April 26th. Duff stated that Birch. whose conversation nc heard, told Terry nothing doing" After Terry had left, Birch, according to the wit ness, turned to him and said: "Td like to know why these fellows keep after me for whiskey all the time"
 Sheriff Joe Young. the third prose cutting witness when testifying in the morning session, confined his tcsti- mony to the employment of the 'spotters," the acceptance of the evi- dencc, and discharge of the "spottcrs" which he claimed was effective the day after the preliminary hearing. According to the sheriff, the Terry brothers receive $ day and eXpen- ses, while Bryant and Cooper of the Thiel agency get Sc a day and eN- penses.
 The last witness on the stand be- fore the State rested, was w. Frank Davis, who is now serving a sentence in the county jail on q charge oi "bootlegging. His testimony was of general character on direct examina- ton but when grilled by Attorney Morrison, Davis admitted that he had without Birch's knowledge, made Birch Bros place his headquarters for the purpose Of selling whiskcy.
 After the State had rested its case, the bottles of whiskcy, which were introduced as evidence of the spot tcrs" alleged purchases, were unscal- ed and passed to the jury for inspec- ton either inwardly or otherwise All of the jurors made their inspection otherwise.
 It is expected that the trial will continue today and possibly tomor- row 4 number of witnesses are vel to be examined by the defense and the prosecution has reserved several witnesses for rcbuttal
 LAST ARGUMENT IN
 BOB BIRCH TRIAL