The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1918-09-26
Attorney General Havner Trying Out
New Angle Of Law on Cases of
Importation Of
Liquor.
CONSPIRACY INDICTMENT
State Believes That the New Method
Will Entirely Stop Illegal Bring
ing of Liquors Into
Iowa.

Three prominent Warsaw men are
under new kind of indictment In
Iowa for their activities in the
illegal transportation of liquor into
this state.
1t is a kind of prosecution which
Attorney General Havner hopes Will
entirely stop this class of tratilc, by
bringing home to the higher ups the
acts OF the bootleggers.
The new idea is, to prosecute the
defendants for conspiracy to violate
the law, making everybody in the
conspiracy guilty OF the acts OF any
one of the conspirators according 10
the accessory section OF the statutes.
The grand jury at Burlington founu
the indictments, it was disclosed last
might.
Brewers and Former Agent.
The Warsaw men mentioned In the
indictments were: n
Martin Popel, Warsaw. ILL.,. presl-
dent Popel-Giller Brewing Co.
John Giller, Warsaw, ILL.,, vice.
president Popel-Giller Brewing Co.
Frank E. Spinager, Warsaw, Ill,
said to have been former agent Tor
Popel-Giller Co., at Burlington.
Three Burlington men alleged 10
have been customers of Chapman
were included in the conspiracy In
dictments.
John Giller, by telephone from
Quincy, told newspaper man last
night that he knew the indictments
were coming and added:
What Gilier Says.
81 have done business with Fagen
and Bogenschutz," he admitted, but
we consigned no shipments to Bur-
lington or any other points. We SOLD
goods to Fagen, which was shipped
by boat and unloaded at East BUT
lington. What F'agen did with the
goods after he received them, Is no
concern OF ours"
| He declared that he did not know
Chapman, although state agents de-
clare they have evidence that the hrm
was acquainted with him. He also
declared Spinager named as agent OF
the Popel-Giller company. was not IN
their employ, but declined to say
whether he had been. He would not
say whether he would fight extradl-
Ition, declaring that he would wait
until he was served with the warrant
before making statement.
To Have National Scope.
The finding of the court in these
cases promises to be watched with
almost national interest. IL the court
DEGREES that these men are guilty or
conspiracy to defeat the law, the case
will set a precedent that will be fol-
lowed generally throughout the ma
ton.
That the office of Attorney Genreal
Hayner will force the prosecution to
the limit is expected. Conviction or
these men will mean the end OF trans
portation of liquor into Iowa, 1t Is
believed.
The penalty is Imprisonment in the
penitentiary, under the Iowa law.
Different from Bootlessing.
The defendants are not charged
with bootlegging, nor with trafhc In
lintoxicants under the prohlbltory
laws of the state, but with consplr-
ing to defeat the laws of the state
and nation.
It is the same theory on which the
federal government. through the de.
partment of justice, has prosecuted
Il and secured conviction of alleged dis
lloyalists and pro-Germans; not that
they themselves have committed overt
acts against the laws of the land, out
that they encouraged others and
aided others in the violation of the
laws. The theory has been pet one
of Special Investigator Hammond or
the department of justice and he mas
convinced the department of justice
of it's soundness, and Assistant Attor-
ney General Watkins was sent to Bur
Ilington to present the evidence to the
grand jury.
ts