The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1918-03-21

gather from the evidence that were at
all suspicious are thsse-eut. first
several offenses are carved out Of these
particular transactions. I am not find
1 ing any fault with the Grand Jury for
| returning the Bill-that was proper
( but as I understand It. and before I
/ leave this proposition that I was dis
cussing n while ago il might as wen
/ be understood now that no mani
don't care whether he is a revenue Of
I hcer or what-has a right TO violate
/ the law. and there is no excuse what
| ever for one single step taken here
/ a bout a search warrant. and absolutely
no excuse for the manner in which it
was served and used
/ Now when il comes to the facts. the
only two discriminating circumstances
that tend at ali to incriminate as
understand K. are these. Now. Il seems
that man who sells colored oleomar-
gar.ne II he Colors IL and sell il he
+ mas to pay the tax on it. but he may
/ sell the uncolored and sell it TO the
man who is going TO use it and sell
+ tho colorins matter and let that fellow
/ delude himself. If he wants to. that he
/ is eating butter. Now. this man had
small amount-the triviality OF this
charge creeps out every way Look at
| the petty amount o. colorlng matter he
/ had. He had small amount A neg
! ligible amount. He had a small amount
/ Of colored oleomargarine. Much is
made about where he had it, When
you take into consideration the sort of
. place he had, what else Has in that
toilet room. there j. nothing suspicious
about that TO my way Of thinking. He
r q ny NJ 81 -
and a small amount OF colored oleonnar-
I garine. and the explanation he gives
J for 1t IS q perfectly honest one. The
facts. a least. are susceptible OF that
explanation and in a court Of Justice
thank the Lord in court OF justice q.
man is entitled to that sort OF a con-
struction. II not with revenue officers
and so when you come to the ques-
/ ton Of the coloring matter that he had
on hand, the amount that was there
the surrounding circumstances and the
/ explanation that is given OF il. to my
way of thinking there is no foundation
/ whatever to base criminal prosecu-
ton on.
Then we come TO. the other circunn-
stance. that he was a wholesaler Now
the statute says that any man who sells
more than ten pounds Is a wholesaler.
mat Us the evidence Of the Government
here2 That this girl, who is now but
! nineteen years OF age and who has
oeen in there sometime and has had
charge OF this, made this sale herself
The defendant had no knowledge of n
II was sold to a hospital and her ex-
PLANTATION is that she knew. understood
and had directions not to sell more than
Ten POUNDS TO one person. but she sup
posed as they were large consumes
mat the rule was different; and we are
asked TO convict this man uDon thai
Not only that. but this sale-he should
have taken out a license ber,nntns
July lst for the year. $3.50. I believe it
was. In December this sale took place
The Government found ii out sorn4
trouble Is attempted. OF started in rs.
gard TO It, He came to the revenue or
hcer and pays the tax. $3.50. ana II.
penalty fifty per cent. s240 more. s7a0
and gets license dated back 70 ryrv.
and then ne is prosecuted for 4 ea1a III
december! 1t is on par with ~
proceedings that were taken up there
at Hammond under this alleged search
warrant
There is not any evidence here to go
to the jury. I would not let them re-
turn verdict against man under
| these circumstances.
MR.. SLACK: OF course at the time
az the prosecution your Honor
THE COURT: The time IS coming.
like It was once. for the District Attor-
ney to have some say about these cases
and when a revenue officer. don't care