The Rock Island Argus and daily union. (Rock Island, Ill.) 1920-1923, 1921-01-28
|lSEIzURE
lEe!AL! Over
|leENT'SE ERROR
m Defending A. J. Ness,
I nrsagist, Allegs Evidsaes
ulsgally TaksA.

1y A -
! physician. who d ssai6 to
rocsntly returned to Rock Is
Il ef,er an absence Of some time,
,A the two prescriptions for
s1hy alleged to have been sold
& ~ A. J. Riess drug store to .
- agent, was the statement
~. by Leo G. Hama, solicitor for
- eeptral Illinois department in
+ . Nearing Of the defendant Riess
~ United States Commissioners
: 4 sinnett Thursday afternoon. .
\ vas also claimed that William
s.ops. soda fountain clerk at
Rjass store, had allowed his
..s and address to be used on the
,~eriptions, in view Of evading
law that . prescription must
a. ne name and address OF the
sssoa to whom it was given.
This point in the governments
D. assinst the druggist was seem
az reluctantly called forth, due
& motion made by Attorney Sam
! Kenworthy and ]. Hays Britton,
,sarssenting the defendant. that
~ esse be dismissed. first, because
. sesrch warrant was illegally is
~ to the agents, and second, be-
ssse due to this any evidence that
sirht have been obtained to sup
n the governments case was H.
Tally obtained and could not be
IA and that it was only by the
,eesentation Of this alleged Tile
nlly obtained evidence that the
scvernment could hope to connect
ile druggist with any violation that
uisht have been committed.
Il was said that one Of the agents
lad purchased two pint bottles of
vhisky from Louis Karavath, reg
istered pharmacist at the store,
about the middle of December. At
iprney Kenworthy held that If
here had been a violation it was
lot by Riess and that any evidence
mat would show Riess implicated
eould only have been obtained by
seizure Of records under the search
warrant, which was claimed to
have been illegal. and therefore
zach evidence could not be pre-
Hnted.
In the first place, Attorney Ken
worthy held that under the federal
statute governing such cases the
search warrant must have attached
either an affidavit setting forth the
bets relative t. the charge being
made, or a deposition. The attorney
said that there was no deposition
attached to the search warrant and
that the affidavit attached did moi
vet forth any specific violation fol
The proving of which evidence was
desired to be obtained under the
search warrant. The attorney de.
handed that, at least, the affidavit
should be amended to incorporate
something specific relative to the
alleged violation and in further.
ince to the general charge of VIC.
hting the prohibition law.
II was at this point that Solicit
tor Hama volunteered to make 9
statement relative to the charges
made by the government. He sale
that about the middle of December
an agent of the government had en-
tered the Riess drug store and hai
purchased a pint bottle of whisky
for which he paid 81. He attempted
to have the price lowered to Sc
but was told that 50 Was to 60 tt
the physician, who was to latel
sign the prescription. A name AMI
address must first go down on tn,
prescription blank, showing t
whom the whisky had gone. Sim
mons, the soda fountain clerk, ther
spoke up and told Karavath to us,
his name and address. This bein:
done, the agent was given til,
whisky for 81. He then purchased
another pint. In the raid Wednes
Gay night records found IN tn,
store are alleged to show the twt
Prescriptions in question and eacl
was signed by a physician.
Following this explanation o
something of the specific charges
against the druggist, Solicitor Han;
called to the stand the agent WHIT
nad made the purchase.
However, Attorney Kenworth,
maintained that he was not read,
% go ahead with the preliminar,
nearing. He said that according t.
ne government attorneys owl
statement the evidence connecting
1eiss with the alleged sale hat
Oeen obtained in the raid under T.;
search warrant.
ne claimed that due to this tn,
evidence could not be presented
sad declared that the United State,
supreme court has held that evi
sence Illegally obtained could no
" used. He asked COMMISSIONS,
sue.
soiicitor Hama interrupted an,
saa that even should the searcl
~, ssatrant be void the agents still hal
sus right to enter the store ant
, se..e the records. He said tina
sa courts have held it unnecessar,
~. agents to be armed with ,
slcn warrant to enter and seiz
u upoa government records. Attor
~. Aenworthy insisted that tn,
>'uit rule on the issue.
y, eplying, the commissioner sal.
way ne knew that the state suprem,
, ,ouIt had upheld action unde
..rcn warrants issued, as was tn,
S is. IN the present case. He wa
tAA