Semi-weekly herald. [volume] (Durango, Colo.) 1907-1917, 1916-03-23
From Wednesdays Daily.

| Gay, Arthur FaSSblnder, sheriff OF
La Plata county had just taken the
stand. Mr.. Fassbinder testified to
having appointed Chas. f. Davis
deputy sheriff on March 9th, and hav-
ing issued commission to him March
| 10, which commission was still in
| force at time of trial. Mr.. Davis was
one of the contributors to the jack
pot wherewith the alleged purchase
of whiskey was made. Davis APP
| parently being employed as q spotter.
Attorney Pulliam for the defense at
this point objected to further pro-
| cedure, basing his objection upon the
point that the state can not be heard
| to complain of an act, the doing of
which was solicited by the state, thru
a state official, and citing various
cases to sustain his contention. The
objection was overruled, however, and
the case ordered to proceed
The defense then produced several
witnesses who testified as to the good
| reputation of Martin VERGE, both as
a business man, and as law abd-
ing citizen. Among the witnesses who
so testified We're City Manager Hood
mayor cyrus Graden, John kellen-
berger, Charles Fleck, proprietor of
Ihe savoy MOTEL and Matt Harring-
ton, superintendent of the Western
Colorado Power company.
Mafth VERGE upon taking the
stand entered general denial of all
Oh the charges of the state.
Attorney Lane for the state asked
the opportunity to summon witnesses
IN feDuttal as to the character of
| nir. VERGE. Inc court afforded him
that opportunity The court then
aoJourhed uhtii O'Clock this morn
ing.
me court tins morning read the in
s'rocofohs TO The jury. They were in
substance and effect similar to those
given IN the case OF Pete Jakino.
AFTER winch Attorney f. c. Perkins
III very ao'e address explained that
the nquor IN evidence had been found
py the officers IN the cellar of Mar
TN VERGE mat the state claimed
.iiat II was kept there for sale, and
iur'ner that defendant did actually
sen nquof' all OF which was clearly
proven by the evidence of the witness
SEES Tor and against the state. He
s'ateo now mat the law presumes
una. II an unusual amount of liquor
Is iouhu that It's presumption that it
10 hepo ior SAFE
ne went on to show that Martin
VERGE hao worked IN New York, later
nav" eo'iie 10 durango and worked at
'he shieiter' mat evidently he had
come to the conclusion that he could
make an easier living and went into
'he saiooh business. All of this, he
ea,u' was legal until the state of
oo'oraoo passed law forbidding the
SaIe OF glit oil lquor.
ne explained how he, the defend
ant MAD puiit fine building with
the assistance oil those in the brew
cry business lie claimed that defend
AM nao gone TO the brewery people
ior Information rather than seek ad-
wee OF the otilcers OF the law.
ne caiied the attention of the jury
10 the testimony OF the defendant
VINO said that he had taken the liquor
ne had ieft at the close Of the year
"ieh the promnitory law went into
eiiec' ana placed IL IN his cellar at
'ne PACK oil the house or buildings,
ana trat II was Tor ms own personal
use lie asked the jury to be gov
erhed by all the evidence in the case
pea,ihe up on the keeping oil hquor
III large quantities for personal use