The Monte Vista journal., 1917-09-01
HEAVY FINE IN THE
SEYMOUR WHISKEY CASE

were in attendance at Judge A. II.
Goudy's court to listen to the Grim
inal case of the State of Colorado vs..
NJ. c. Seymour, who was charged
with the illegal transportation of
liquor.
The evidence introduced by the
prosecution showed that early in the
morning on August 21st, Night Mar
shal Hadden had witnessed the arriv-
al of an automobile from the east
that the car was driven to the resi-
dence of Seymour 0n Monroe street
and that a number of boxes were re-
moved from the auto into the house.
Sheriff Goad, armed with a search
warrant, proceeded later on to
search Seymour's house and in an
several cases of whiskey and these
were produced in evidence in the
court room.
l.. C. Almond, who was called as
State witness, related that early on
the morning of the 21st. he had been
called to bring Seymour from the ce-
ment bridge near Alamosa, where
his (Seymour's) car had broken
down. to his home in Monte Vista.
He stated that Seymour had trans
ferred some boxes and other stuff in
to his car and that he helped unload
the same when they arrived here but
denied absolutely any knowledge of
the contents of the boxes.
Counsel for defendant asked for
dismissal of Seymour on the grounds
that the State had not clearly proven
that the boxes removed from the au-
to, witnessed by the marshal, con-
taired whiskey and also argued that
the law exempted the home from
search and seizure; that the search
of Seymour's house was violation Of
the law and that Seymour had per-
feet right to have liquor in his home.
District Attorney Palmer stated
that Seymour was not common car
rier and therefore could not trans
port more than the legal quantity Of
liquor. He charged that the defend
ant was guilty of transferring whis-
key in cases from his automobile to
the Almond car near Alamosa and
secretly and in the wee small hours
of the morning brought the stun
from that point to Monte Vista. The
prosecution quoted the Imboden case,
to the effect that evidence, even IL IL
legally obtained, may be introduced
in a criminal case.
The court overruled the motion to
dismiss the defendant and the trial
was resumed after lunch.
Defendant Seymour as a witness in
his own defense related to the court
that when his car broke down in Ala
mosa he was returning from near
Walsenburg where his uncle resides;
that his uncle and wife had given him
a quantity of fresh and canned fruit
and vegetables which were packed in
boxes, and that these boxes were the
ones he brought to Monte Vista. On
cross-eNamination he denied that he
had transported any whskey from
any point in the state to another
point.
The prosecution called the atten-
ton of the court to the fact that five
of the boxes of whiskey were stamp
ed with government inspection dates
in May. the month following that in
which the new law went into effect,
and stated that the whiskey in evil
dence must have been transported
since April 23d unless a federal in
spector had called at Seymour's
house to stamp them since that date.
Defendant and his wife testified that
the whiskey was brought in by them
from New Mexico some months ago.
At the conclusion of arguments by
the attorneys, the Court rendered a
decision finding the defendant Sey-
mour guilty as charged and imposed
fine of $500 and costs and four
months in the county Jail.
Seymour took an appeal to the
county court and furnished a bond in
the sum of 800 for his appearance.
The case of l. G. Almond, which
was to have been heard on the Same
Uny and np tha ,o,,n