The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1916-01-30
STATE FILES APPLICATION
TO ENJO|N DRUG STORE
tce Of the county attorney, at which
time delivered the bottle Of whiskey.'
corroborates Weaver.

Time delivered the bottle OF Whiskey.'
corroborates Weaver,
The affidavit by Orlo H. Hood was
corroborative of the incidents which
Weaver alleged in his affidavit to have
occurred when he went into the City
Drug Store to make the alleged pur-
chase of the whiskey. The affidavit
tells Of the alleged purchase in the
presence Of the witness.
Sheriff Goes over Books.
Another affidavit which is attached
to the notices is that of Sheriff John
Q. Scott. The sheriff states in this
that in company with County Attorney
McManus and Deputy Sheriff w. S.
Montgomery, he went to No. 13 North
Sixth street, to examine the record
CT certain requests Of liquor purchas-
ed at the drug store" Charles Fuller,
clerk, and John Bregenzer were
present and handed us two liquor re-
quest books and said they were the
only ones they had ever used" the
, sheriff continues in his affidavit.
The sheriff states in his affidavit
that he examined the books and in the
presence OF McManus and Montgom-
copies of the blanks. He alleges that
the book contained only the names
and not the amounts of whiskey sold.
Another book contained the records
of the seventeenth, eighteenth, nine
teenth, twentieth and twenty-first Of
January, 1916.
The Record Of Sales.
According to the sheriff's affidavit
the sales amounted to the following:
"Forty-sfx and half pints of whis-
key sold to forty-four persons on jan
uary II; nineteen pints to twenty-sev-
en- people on January 1S; 1914 pints to
nineteen persons on January 10; 3A
pints on January 20; and 91s pints on
January 21.''
The sheriff further alleges In his az
fidavft that none of the request blanks
were attested to by the seller. The
blanks on the stubs were not proper
ly filled in, he alleges, and there was
no request for whiskey sold George
Weaver, the sheriff alleges. He states
in the affidavit, also that Bregenzer
said he was not familiar with the law,
but that he would fill in the blanks
hereafter.
Montgomery's Affidavit.
The aftidavit which was signed by
Deputy Sheriff w. s. Montgomery was
the one made by the sheriff. Deputy
Sheriff Montgomery stated in his at
tidavit that the books had been ex.
amined by the sheriff in his presence,
and he enumerated the amount of
whiskey which it is alleged was shown
to have been sold by the request
blanks.
What Application Asks.
In his application the county attor-
ney claims in the first paragraph that
the defendant Bergenzer, has estab-
1ished and is using, keeping and main
tanning a building known as the City
Drug Store situated on Sixth street, in
the city Of Keokuk, for the purpose
of selling Intoxicating liquors in viola
ton of the law, and for the purpose of
keeping Intoxicating liquors with in
tention to sell same as beverage.
In the last paragraph the applica-
ton says:
THAT unless restrained by this
court the said defendants, John Bre-
genzer and Charles Fuller, will con-
tinue in said place to illegally keep
for sale and sell Intoxicating liquors
and the said Celestine Gibbons will
continue to lease said premises for
the unlawful purposes aforesaid, and
said building will continue as a
nuisance, to the irreparable injury of
the citizens Of said county.
Wherefore, plaintiff prays the court
that said nuisance may be abated and
enjoined. That the said defendant,
John Bregenzer, be enjoined by him
self, agents or servants from in any
selling in violation of the law
or keeping for sale with intent to sell
in violation Of the law, any intoxicat-
ing liquors in said building or any
part thereof, and that the said Celes-
tine Gibbons be enjoined from leasing
said premises for the illegal purposes
aforesaid: that temporary Injunction
in accordance with the prayer Of this
petition be granted and that on final
hearing it be made permanent, and
for such relief as may seem equitable,
including costs and reasonable ar
torney's fee"
The application is signed by E. w
McManus, county attorney.
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