Free trader-journal and Ottawa fair dealer. (Ottawa, Ill.) 1920-1927, 1921-11-18
DELIBERATES 6 HOURS
BEFORE RETURNING
VERDICT OF GUILTY
FIRST SALOON CASE
STATE MAKES "TEST" SUIT OF
ZABkAR CHARGE AND Is WELL
PLEASED WITH RESULT--CAR.
RiES HEAVY PENALTIES FOR
DEFENDANT.

After deliberating for six hours
and twenty minutes, jury of La
Sale county men found Michael Zab-
kar, proprietor of a La Sale thirst
parlor, guilty of keeping intoxicat-
ing liquor FOR sale and Of selling IT,
The verdict Of the case was returned
at 11:40 last night in the county
court. The case was given into the
hands of the jury at 5; 20 yesterday
afternoon.
The trial was in the nature of a
test case In the local courts, as ii Is
the first contested case ever tried
under the prevailing laws in the La
Sale county court. While numeron
cases of the kind have passed thru
the channels of the court since the
Volstead act went into effect, in ey-
cry other instance the prisoner has
always admitted that he was guilty
aud entered plea without a jury
trial.
The ZaIbkar case opened Monday
afternoon before Judge Reck in the
county court Probably no other
case that has been tried in that tri-
bunal for years attracted SO much
attention as this. The court room
was Packed with spectators from the
time the first twelve men of the ven.
Ire OF special jurors was called to the
box.
1t was not until Wednesday morn
ing at Ii o'clock that twelve jurors
could be secured to try the evidence.
Throughout the tiresome task Of
TllizzirG tho Jurors the spectators
stuck to the their posts drinking in
every question that was put to the
men. The twelve citizens who were
finally chosen to hear the case Were
l.. J Hubert Serena Ernest Moews,
Usage f. o. Lathrop, Mendoza; i;
Frank Golatla, La Sale; b. 3. Rock
wood. Ottawa; NJ J. Ford, ottawa;
William Bigford, Dayton; Ed PECK,
South Ottawa; William Solomon, OF
tawa; Rush Green, Dayton; Harry
Lee, Ottawa, and Elmer Hitter, Otta-
wa.
Zabkar was charged with keeping
selling liquor on March 90. 1921, and
with keeping liquor for sale and
selling it on Oct, /, 1920. The Jurors
only found him guilty Of the last two
offences.
On March 20 Sheriff Ayers, Deputy
Campbell and Special Deputy Sidney
Weise visited the Zabkar saloon and
seized two kegs and a bottle con
tanning mconshine. Zahkar claimed
that this was his private stock
On Oct. Sheriff Ayers, Deputy
Campbell and Steve Gross, prison
er In the county jail. again visited the
Zabkar saloon Steve testified that
he purchased two drinks. one of
which was tasted by Deputy Camp
hell, II was for the sale of these
drinks that Zabkar was convicted by
the jury.
In the neighhorhood of fifteen bal
was reached. Each ballot had tc be
taken on the four charges preferred
against Zabkar. The first stood 10
to 2 for convicting on the third and
fourth counts. The voting ran along
In this ratio while several ballots
were taken, Another juror was won
over to the guilty side, causing the
result cf the ballot to be II to for
conviction on all four counts After
several other ballots a unanimous
vote for guilt on two counts was re-
turned
Judge Reck was summoned from
his hotel when the decision was
reached and the verdict was return
ed to the court in the presence of
Sheriff Ayers and States Attorney
Kelly. Zabkar had returned to his
home in La Sale early in the even
ing.
The penalty the offense carries
with 1t is for a fine of not less than
800 or more than $1,000 and a Jail
Imprisonment of not less than ten
days nor more than six months or
both. for each count If man is
convicted second time Of violating
the prohibition laws. that statute
provides that he shall be assessed a
fine of from 5000 to $4,000 or given a
Jail sentence of from ninety DAYS to
enc year in the county Jail or both.
Motion for New Trial.
This morning Attorney Walter Pan
neck, who represented Zabkar in the
suit. made motion before Judge
Reek for new trial