The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-06-02
sold and bartered and given away as

a beverage.
The case was tried before the Coun-
ty Judge and he granted a stay OF
proceedings pending the appeal. In
his order granting the stay he certi-
fled that in his opinion the substan-
tial rights of the defendant as to the
| merits of the case had been violated
OF course, that being true, it was the
duty OF the Judge to suspend sentence
or to order new trial.
The evidence fails to show that any
intoxicating liquors were sold or CIV
en- away to be drunk as a beverage
The witnesses do not mention the
word beverage or any similar word
! AS the testimony shows, defendant
was widower of GO years. He was
regular drayman. He lived in a
small house with three small children
and housekeeper. The star wit
ness has been rooming in the house
of the defendant, and the housekceper
fired him because of his misconduct.
Then, instead of paying his room rent
and wash bill, he went and made the
complaint. He testified that during
three months he had roomed in the
house of defendant and that about
once a week he had bought and drank
some beer. His testimony was con-
tradicted and the housekeeper was
called as a witness to show the hos
tility Of the complaining witness and
to show how she put him out of the
house. Her testimony was not al
hot fnct r
for which the judgment should be re-
versed. The rule is that to impeact
and discredit the witness it is legal
and right to show that he was hostile
to the accused. The testimony does
fairly show an occasional drinking OF
beer in the house of defendant, but
there is nothing to show that the
house was a resort for beer drinking
or that it was in any way disorderly
house, or common nuisance. De-
PENDANT swore to his innocence. Then
he was arrested on charge OF per-
jury. He again sWore to his innO-
cence and was again arrested. Thus
he was put out of business; his dray
outfit was cOnfiscated; his home was
broken up; his children made wards
OF charity and he himself confined
and kept in idleness at the expense of
the taxpayers. Oh cruelty! Thou
are wickedness. One swallow does
not make a summer; one love affair
does not make bawdy house. The
house must be kept as a resort for H.
legal and immoral purposes; the
wrong must be common or it Is not
a common nuisance, and the Legislat-
ure cannot make it otherwise. 1t is
perfectly absurd to say that the keep
ing of a house wherein one, two or
three drinks are sold or given away
is the keeping of a common nuisance.
In Gamma of Galilee there was we'd
ding feast and the mother of Jesus
was there, and both Jesus and his
disciples were called to the marriage
and when they wanted wine the moth
er of Jesus said unto him: They have
| no wine. Jesus said unto the serv-
| ants: Fill the water pots with water
and they filled them up to the brim
| Then he said unto them: Draw out
now and bear unto the Governor OF
: the feast-and they bear it. When the
ruler of the feast had tasted the
water that was made wine, and knew
not whence it was,- the Governor OF
the feast said to the bridegroom
Every man at the beginning doth sci
forth good wine and when men have
| we'll drunk then that which is worse
but thou has kept the good wine until
now. This beginning Of miracles did
J Jesus of Gamma Of Galilee and mani
tested forth his glory.
1t cannot be truly said that any per-
son at that feast twas guilty of main
tanning or keeping common nuisance
or that in North Dakota the recur-
renee of such marriage feast would
constitute the keeping or maintaining
of a common nuisance. In scripture
drunkenness is everywhere denounced
but on occasions the drinking of wine