The Glenwood post., 1916-09-23
Complaint Pronounced Faulty
by Darrow and Client Set
Free on Technically
UNWILLING WITNESSES

1t is not an easy matter to secure
convictions for violations of the prohi
bition law as was made clear in the
county court this week.
The case of the People VS.. Charles
Marshall, charged with violating the
new law, occupied the attention of
court and jury. two days, resulting in
the court sustaining motion to dis
miss the defendant.
This was case in which Marshall,
formerly wholesale liquor dealer in
Glenwood, now wholesale liquor dealer
in Green River, Utah, with Colorado as
field of operations, was charged with
shipping into the state an unusual
amount of liquor, to-wit: One barrel
of 36 quarts of whisky which was con-
signed to G. Bianci at Carbondale. Ap-
parently Bianci suffered an attack of
cold feet for he never called for the
liquor.
But, through some arrangement with
Marshall, or some apparent arrange
ment, which E. C. Kingsbury as special
prosecuting attorney was not able to
prove by his unwilling witnesses, Jesse
Dewey secured the bill of lading for
the whisky from Marshall and Dewey
delivered the freight bill to Dick Nal
10y and Malloy and Dewey, Bert NJ
Coy and Doug Barlin went to Carbon
dale and got the booze, Mccoy driving
the auto in which the trip was made.
Dewey told Of the trip, and his testi-
mony was in the main corroborated by
Malloy, the latter stating that he gave
the freight bill to Barlin who applied
for the booze. Delivery was refused
by the railroad agent at Carbondale
and Dewey and Malloy left and went
up town. When they returned they
found that Barlin had secured the
whisky, but they did not know just
what means he had adopted to get pos.
session of the coveted barrel. The four
men loaded the barrel into the auto
and drove to Glenwood.
B. IL. Livingston, the Rio Grande
agent at Carbondale, was witness and
he stated that the shipment of liquor
reached Carbondale March l, 1916.
When it was not called for by the con-
signee within a reasonable time witness
spoke to Mr.. Marshall about it and the
latter asked if the shipment might not
be returned to Green River or else re.
consigned to another party at Marble.
Witness promised to look up the rules
and the law and advise Marshall, but
before he had a chance to do so the
liquor was called for by the ostensible
consignee. This was on March 25th Of
this year. He said the party was
drunk and as he brought no one to
identify him witness refused delivery.
The party left, but returned with an.
other man who tried to identify him as
Bianci, but both parties were strangers
to Livingston who again refused deliv-
cry.
At last the fellow returned with II.
O. wilkins who identified him as Bi.
anci and as the agent had known Will
kins for more than year he delivered
the shipment to the party who signed
for it as G.. Bianci.
Mr.. Livingston stated that the paper
which Dewey secured Of Marshall and
delivered to Malloy was presented to
him by the party demanding delivery
Of the shipment, but said it was worth.
less 80 far as he was concerned and he
SO stated to the party. Livingston said
he did not know who the party was
who secured the liquor, but that he
supposed at the time it was Bianci,
but both Dewey and Malloy stated that
the man who got the liquor was Doug
las Barlin, whose present address Is un-
known. In the absence of either Bar.
lin or wilkins and the very sppsrent
unwillingness Of both Dewey and NAL
10y to toll all they knew about the
transaction, Mr.. Kingsbury was unable
to connect Marshall with the transae-
tion to An incriminsting degree.
O. W. Dasrow, attorney for Marshall,
made almost constant objection to ths
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