Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1918-01-24

At 1880 o'clock this forenoon the
case, of the State of North Dakota
against John Ill. Mcinerney VINO Is
charged with having aided and apet-
ed Pat Liston in soliciting an order
for beer from Joe Scott of this city
in. violation Of the b~ootlegglnS laws
was given to the jury in the dlstrict
court Immediately after JUDGE
Charles Nj. Cooley a finished read
ing his charge. -.
This mornings session started at
$3.50. half an hour earlier than usual
and the first hours were taken up by
the closing argument of Assistant Az
torney General Fl. A.. ons VINO
continued his address to the 1ufy
from yesterday afternoon. -.
The Charge to the Jury.
In outlining the case to the jurors.
Judge Cooley in his charge denhe
the various terms which oeen
used in the information against the
defendant, and he also stated the
points Of law which were involved IN
Tho case nj bar. III charging, the
court said: 80
lyon will observe, gentlemen OF
the& Jury. that the defendant is not
himself charged with soliciting. pro
curing. or receiving from Joe Scott an
order for the purchase. sale or Iul,
nishing of beer. but he is charged
with aiding. assisting and apetIihs
Pat Liston in so doing. So that III or-
der~to find the defendant guilty of the
crime charged in the information.
YOU must find from the evidence II
the case, beyond a reasonable doupt.
that pat Liston did on the Bird day OF
January, 1917. solicit. procure, or re-
ceiye from Joe Scott an order Tor the
purchase. sale or furnishing OF peer;
and that the defendant any
abetted Pat Liston in so doing, ana
unless you do so find. Jour Eero'e'
should be. Not guilty
Absence No Deterrent.
Tn the testimony it had been point
ed out that at the time the a'leseo
offense was committed. the deienu,
ant vas in the west. ana WIN le the
to this fact, the court charged .he
iury that when the commission OF d
nnhlic ofense commenced Witnout
this state is consummated Wltnln lts
the defendant is liaple 10
punishment therefor in TINS sta.e,
even though he was out OF the seate
at the time Of the commission ol lhe
offense charged
H. Law is Comprehensive.
In calculating the law, Judge
Cooley made it clear to the jury Ina
a person is guilty Of bootlesslns wien
he aids. assists or abets any peison
who s%olicits. procures, or rece.1es
from any person any order provloins
FOR the sale or furnishing
of intoxicating liquor. either TOT ue.
livery from within or from "ltnou'
this state, except from those au'hoi-
;zed nv law to sell or barter liquors
This. the court said, has been the Ia"
since December 20. 1915.
Emphasis was put on the TACT tna
aiding, assisting or abettlng may ns
by words. act Or conduct OF a ouslne:s
in connection with the ofense. II IT. Is
made with unlawful intent. The IN
tent to violate the law may pc IN
ferred from words, acts,
circumstances. etc.
The System as Background.
The court charged the jury that'the
testimony introduced by the state tt
Illustrate the methods and the scope
of the business plan adopted by the
East Grand Forks Brewing company
may be considered for the purpose %
determining the motives, M lnten'
and the operation of the system. ac'
cording to which the defendant con
Quoted his business. In that connec-
ton it was held that a master OF
principal is criminally responsible fol-
the acts Of his servant or agent. the
Inference being that if Pat Listor
had been authorized to solicit orders
for beer in violation of the law. the
/, defendant would be guilty, neverthe-
less.
Manufacture and Sale.
Referring to the contract system in
use by the brewery. the court said:
II charge you that an order wheth-
er oral or written, or both, the term:
OF. which provide for the present OIL
future delivery of intoxicating liquor
to, the person giving Of signing sucf
order, OF both giving and signing the
same, constitutes an order for the
furnishing of Intoxicating liquor; and
this is true whether an order provides
for the manufacture for z, considera'
ton, Of intoxicating liquor for the
signer of such order, out of materials
purchased by the recipient of the or.