Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1920-02-26
KINGSBURY WAS
FOUND GUILTY
JURY BRINGS IN VERDICT OF
GUILTY AS CHARGED IN
THE INDICTMENT"

The case of the State of Iowa VS. NJ.
o. Kingsbury on a charge of boot
logging was tried in the district court
of Audubon county on Friday and
Saturday OF last week.
Last fall NJ o. Kingsbury was in
dicted by the grand jury on the above
charge. The case was set for the De-
cember term but could not be tried
until this time. Swan, Clovis &
Swan of Atlantic and Mantz & white
of this city were the attorneys for
the defendant while County Attorney
T. NJ. Rasmussen of Extra represent
ed the state.
A number of witnesses were exam
ined, they being the ones who had
testified before the grand jury that
returned the indictment. The case
lasted until about four o'clock Sat
urday afternoon when the case went
to the jury, which deliberated until
about nine o'clock when they return.
ed verdict of Guilty as charged in
the indictment"
None of the witnesses examined
would swear that the stuff purchased
contained any aclcohol John Roth,
ir.. ]. r. Best, Simon Foley, Andy
Hansen and others were the witness
es, all OF whom said they had tasted
the stun but they did not think it
was intoxicating, nor to the best of
their judgment contained any alco-
hol.
The star witnesses for the state,
John Roth, jr., and ]. r. Best, swore
on the stand that on Homecoming
day. August IA, last, they purchas-
ed some bottled goods'from M. o.
Kingsbury for which they paid $40
a quart. They were dissatisfied
with their purchase and Roth stated
that he and number of friends took
the four bottles he had purchased
and hid them in the weeds near the
canning factory. They went after
the bottles again and later hid them
under the Nash bridge. One of the
bottles. it was stated was taken to
the Office of DR.. Halloran, who sent
Ii to the state chemist According
to the evidence of the chemist. who
was on the stand, the liquid he an
alyzed contained 80 percent alcohol.
Kingsbury was put on the stand
and denied that he had sold anything
to any of the witnesses. The bot
ties had been in so many hands and
as none of the witnesses could swear
that the bottles produced in court
were the same they had placed in the
weeds, there was a division of opin-
ion as to the guilt or innocence of
the defendant.
The case attracted wide attention
and the court room was taxed to its
utmost capacity during the progress
of the trial. The general opinion
on the street after the trial was that
the jury would either acquit or fail
to agree. When a verdict Of guilty
was rendered it came as quite sur
prise. The arguments of the Kings
bury attorneys were said to have
been very eloquent and Mr.. White is
said to have made the best effort in
his life.
A motion fer a new trial was made
before Judge Woodruff today. II
the motion is denied the attorneys
| inform us that the case will be APP
pealed to the supreme court. 1t
was announced that Judge Woodruff
would pass sentence some time this
week, perhaps tomorrow.
The second stage of the case came
Yesterday when Kingsbury was tried
before the federal grand jury at
Council Bluffs on a charge of the
manufacture and sale of intoxicating
| liquor without license. The same
witnesses used here appeared before
the grand jury in Council Bluffs yes
terday. After all the evidence had
been introduced the grand jury con-
sidered the case and dismissed Kings
bury without finding any Indictment.
This coming so soon on the heels of
the verdict here has put everything