Free trader-journal and Ottawa fair dealer. (Ottawa, Ill.) 1920-1927, 1921-09-24
whisky, approached a
mistrial this afternoon
when Mike Fox, one Of

mistrial this afternoon
when Mike Fox, one Of
the principal witnesses for the prose
cution, failed to put in an appearance
at the trial in Judge koenig's court
room.
Fox was called to the stand, but
when his name was repeated he failed
to respond Being one Of the states
principal witnesses. who lad state.
at the time Pete Farrell procured war.
rants against Holmes, that he had
purchased booze from the patrolman,
Judge Kocnig entertained the states
motion for an ours continuance
while search was instituted for Fox.
Fox was with Farrell following the
Denison store shooting in which his
brother and William Fox were wound.
ed by the police, at the time he went
to Judge Koenig and made the sensa
tional charges against Officer Holmes.
He corroboratcd Farrell's allegation
that they had both purchased booza
from Warner.
The surprise came after the state
had started its testimony against the
accused policeman The Holmes trial
followed hearing for Edward War
ner, who was bound to the grand jury
following testimony which interlock-
ed and was being used against both
fendants-Holmes and Warner.
When Attorney Kelly explained his
predicament following Mike Fox's dis
appearance, after the state said ne
promised to be on hand, Judge
Koenig, over tho opposition of J. j.
Conway for the defense, approved the
motion for recess while the sheriffs
office was instructed to hunt out Fox
and make him appear in court on
bench writ.
The Holmes trial followed Edward
Warmers hearing, in which he was
bound over to the grand jury. The
same witnesses were called in botn
trials. William Fox was called to
testify against Holmes. He did not
know from his own knowledge where
Warner got the moonshine sold him.
The witness told Of Warner leaving
them on Friday night to get more
liquor and walking toward Jesse
Holmes house. He was gone fifteen
minutes and returned with a pint of
booze. Warner, he said, told him he
got the liquor from Holmes.
Attorney Conway moved the evi-
dence be excluded on the grounds
that what was said in relation to
Holmes was hearsay.
Joe Farrell testified when Warner
left the trio at Denson's he went to-
ward Holmes home to get more moon
shine After being gone ten or twelve
minutes he returned with bottle of
liquor He did not know of his own
knowledge whore the booze cana
from. Asked ii he had ever bought
from Holmes, he said he had not
In cross-eXamination Farrell was
not allowed to tell when Warner told
him where he got his moonshine
When asked the voltage, Farrell test-
fled the liquor would hit around 10D
per cent" Mr. Conway asked him if
it was stronger than onC-half of / per
cent Toward tho close of his testi-
mOny Farrell said he bought bottled
liquor ten or fifteen times from War
ner.
Attorney Conway then called the
courts attention to the fact that the
witness (Pete Farrell stood before
the law a self-confcssed violator of
the search and seizure law and moved
that he be held for the grand jury.
Attorney Kelly objected to the state.
| ment of counsel and was sustained by
the court
Warner was held to the grand jury
under $500 bonds
The Kerrigan case, on motion of
Mr.. Conway was continued until next
Tuesday morning
Warner On Trial.
The first of the three trials brought
up was the charge against Ed. Warn
er, who is alleged to have sold the
moonshine to Joe Farrell and Wm
! Fox, who on Friday the 10th, were
wounded while attempting to burglar
| ize the Denison grocery.
DR.. Palmer was called to the stand
and testified that Farrell told him
he had purchased booze of Kerrigan.
His testimony occupied only a few
minutes.
! Nlllldm FOX, one OF tHe WOuHueu
| Denison store robbers. was the first
witness called to the stand He testi-
fled to being with Joe Farrell, Pete
Farrell and Ed Warner on the night
of the robbery He admitted having
purchased booze from Warner, whom
he said bought the liquor from Off
Ger Holmes Fox said the two Far
rells were with him when he pur-
chased the booze from Warner at 3
o'clock on Friday, the 10Th.
He testified he purchased a pint