The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1920-11-05
CARRY SEARCH PAPERS
DRY AGENTS MUST HAVE
THE DOCUMENTS
Judge w. F. Booth Hands Down
His Ruling In Liquor Seiz-
ure Case

odSluS UlS uSCiSlUu III TIC IcIHlS VI
Amendment No. of the Constitution
of the United States, which reads;
THE right of the people TO be secured
in their persons, houses, papers, and
effects, against unreasonable searches
and seizures, shall not be violated.
and no warrants shall issue, but upon
probable cause, supported by oath or
cribing the place to be searched, and
made ruling which will be used as a
precedent in all cases Of sieze and
search in this section Of the north
west. In ruling on a motion OF At
tOrney C.. N Sofnsen of New Ulm for
the quashing of an indictment against
Anton Barlow. charged with the vio-
lation of the Volstead act, Judge
Booth said that while 1t may be more
or less of hindrance to prohibition
officers in the performance of their
duty, to require them to secure search
the purpose of searching 1t, that 1t
warrants before entering building for
appeared to him that 1t is more i'm
portant that the public be protected
upon their rights under the provisions
Of amendment No. of the constitu
ton Of the United States. than 1t is
that the prohibition agents be given
without search warrants.
Entered Not Guilty Plea.
4 Anton Barlow was indicted by the
federal grand jury at this city on Oct
ober %, and yesterday morning was
arraigned before Judge Booth in the
United States court on the charge OF
Mr.. Barlow through bis Attorney q.
N. Somsen, entered a plea OF not
guilty, and the case was continued
until yesterday Afternoon, when the at
torney for the defense made motion
that the Indictment be quashed on the
grounds that enforcement officers
had entered and searched Mr. Bar
lows place of residence without first
obtaining a search warrant. A motion
to show cause why the liquor thus
illtgally seized should not be return
ed to the defendant was made by Mr..
omsen who held that this search and
Seizure was in direct violation OF
amendment No. of the constitution
of The United STATES.
ruling on the motions of Mr.. Somsen
said that the seizures in the case
were contrary to the terms of amend
ment four, and that the evidence in
the form of the liquor siezed be re-
turned and the indictments based up
on this evidence be squashed.
Ernest Kietzer of this city. indicts
ed ON the charge of making moon
shine whiskey, who on October 26,
inferred a plea of not guilty to the
charge yesterday afternoon was
through motion of his attorney, C. J.
Laurisch, permitted to plead guilty to
having moonshine whiskey in his pos
session, and was sentenced to pay a
fine of 500.
Jerry Kerns and Peter Pass Of
Adrian, who entered pleas of not
guilty to the charge of having moon
shine in their possession. changed
their pleas yesterday afternoon to
guilty, and each was fined $25. Mr.
Kerns was defended by D. o. Daily
of this city and Mr.. Pass was defend
ed by L p Johnson of Ivanhoe.
Court Adjourned This Morning.
A partial trial of the case of Paul G.
Rousch and Paul Paulsen, alleged
brankrupts was tried in the United
States court yesterday afternoon, but
owing to the absence of one of the
principal witnesses in the case, it was
continued over to the April term.
This morning a call of the civil cal
endar of cases was held and no one
being ready for trial, everything on
the calendar was continued over to
the next term of court. All Of the
court officers left for their homes this
afternoon.