Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1917-08-25
BREWERY CASES
ALLBOUNDOV
FOR TRIAL HERE
Judge Mclaughlin An
nounces Decision in %
Bootlegging Actions.
PLEADS
FOR E
State Moved Dismissal of
Total Of II Cases-Oth
ers Will Stand.

After hearing AZ bootleSSlns OH
plants against John H. McInerny
yesterday and -four similar complaints
against J. H. McInerny and j. N.
O'Keefe today Judge Phil Mclaughlin,
who has been presiding over the pre-
nminary proceedings in the various
cases growing out of the recent raid
on the East Grand Forks Brewery
for more than two weeks.
this noon announced that he round
sufficient evidence to bind the defend
ants over to the next term Of the dis
brought by the state; II had been dis
missed on motion of the state, and n
had already been disposed of.
In announcing his decision Judge
McLougnlfn said that Mr.. O'Keefe
would not be required to furnish adj.
didonal bonds as he is being held I'M
der the McInerny bonds. In the cases
where he is not mentioned as a de-
PENDANT, only nominal blanket bonds
will be demanded.
It Is not thought that all of the
cases will be actually tried in the dis
trict court, inasmuch as the nature of
the ~ofYenses charged is rather uniform
In all instances.
Four Gases Dismissed Today.
When court convened in the city
hall this morning, Defendants j. H.
McInerny and j. N. O'Keefe were
present to hear the four complaints
sworn out against them Jointly, charg-
ing them with having committed the
crime of bootlegging and with aiding
and abetting in that connection.
Nos. 13, A.. 16 and 16. The state Of.
fered in evidence portions of the tes-
hmony, exhibits, ETC., as in cases Nos.
81. and 8, and moved to dismiss cases
Nos. 6, z, 8 and % on h ground that
they involved the same parties and
transactions as do Nos. 10, Ia, Is and
16. The motion vas granted by Judge
Mclaughlin.
The present status Of the original
AZ complaints is as follows: One
conspiracy action was decided on
Thursday Of this week and allowed
to stand; 20 Bookkeeping cases were
submitted yesterday and today, and II
have been dismissed altogether.
McInerny Addresses Court.
When the last case had been dis
posed Of Mr.. McInerny addressed the
court to request that the our charges
pending against Mr.. O'Keefe be dis
missed o the ground that it was un-
necessary to expose this young man
and his family to the disgrace Of
further prosecution.
Mr.. O'Keefe has understood all the
time that he was engaged in doing
legal business" Mr.. McInerny said,
and he still believes that the brewery
work. as it was carried out In East
Grand Forks, was legal. I do think
that the complaints should be dis
missed SO as to avoid disgrace being
thrown on Mr.. O'Keefe and his fam
lily. If it then should turn out later
on that prosecution would be unavoid-
able, a new case may be brought
State Insists Complaints Must Stand.
Assistant Attorney General H. A.
Bronson replied to the defendant, as
follows: H
These -four complaints are essen
tial because they raise the bootlegging
question on different planes and pre-
sent different phases Of the question.
Fire East Grand Forks Brewery COM
pany is not. a. defendant in these &C.
tions, but Mr.. O'Keefe is the secre-
tary and, practically, the executive
OF HI business. There is no doubt OF
his active participation in the bust.
ness and therefore I cannot concede
That the state imposes any hardships
on this defendant. The state is in
position where it has the opportunity
TO determine the status Of the brew.
Ing company as well as Of the boot.
SSiegg1ng law, and we want to be able
to. look at III crime from as many
j points Of view as possible.
e sMr. McInerny should be only toe
glad to have the status Of his bust
: ness determined. Anyhow, we insis
\ that b complaint against Mr.. o..
3Keefe be allowed to stand as there i,
II other official actively connected
with the brewery. before this court
McInerny Questions Jurisdiction.
s MI. &McInerny made a brief reply Il
the argument presented by the state
and maintained that the only cour
which could legally hold Mr.. O'Keer,
Is the court by whose orders the seiz
ure of the brewery records was made
VIZ: Minnesota court. The defend
4 ant repeated the statement Otter
heard during the lengthy preIiminar,
proceedings that a North Dakots
ter. 80
Following upon this brief exchane,
Of Jews, came the statement by til,