Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1921-03-12
n. BAATz CASE
IS RE0PENED AT
BAATZ REQUEST
Mysterious Subpoena Issued
for Witness Expected to
Come to Aid Defense.

Reopening of the Nick Baatz liquor
case, in which County Attorney n. q.
Bennett is demanding that the liquor
seized at the Baatz store February II
by Sheriff Bob Gordon be destroyed
and the furniture and fixtures in tie
place sold was ordered THURSDAY II
district court by Judge IL. IL. Ewing
to permit submission Of additional tes-
t;mony by the defense.
Following the entry of the order. q
subpoena was issued, but the identity
Of the witness summoned has not been
disclosed. The new testimony will be
submitted this (Satut day. forenoon:
The case was closed last Tuesday
with the testimony of DR.. T. F. Walker,
and Deputy County Attorneys W. ):
Tighe and F. A. Ewald who conducted
the prosecution, were not advised that
a move was under way with the de-
/ tense for q reOpening until Friday
morning, Mr.. Tighe stated. The sub.
poena was issued Thursday. 1t stated
that the case was reopened after y:
w. Freeman, counsel for Baatz, filed
an affidavit informing the court that
new evidence mad been discovered.
Tolls Of Poison in Whisky.
DR.. Walkers testimony created a
stir Tuesday when he stated that liquor
which Baatz had said had been rccti-
fled for his personal use contained amyl
alcohol. This ingredient, DIR. Walker
stated. is four times as poisonous as
wood alcohol, and, he stated further. j
was his opinion that there was enough
of it in the liquor to affect a person
snjuriously.
The witness most depended upon by
the state for proof Of sales alleged
against Baatz was L. Z. Hayes, who
testified that he had purchased liquor
of the defendant and had sold liquor
for him on commission. The bottle
analysed by Or. Walker was from one
Of two cases purchased by Hayes and
Ned Deal according to the states
evidence. The state introduced evidence
to show that after the sale had been
made the cases were carried from the
basement to the ground floor in readi-
ness for delivery. Hayes also testified
concerning a check alleged to have been
rendered to Baatz in payment for the
liquor and proposal which he said
he once made to trade an automobile
owned by one Kirth to Baatz for
whisky.
Baatz Denies Sale.
Baatz denied that he sold liquor to
Hayes or anyone else and declared on
the witness stand that the cases re-
ferred to by Hayes were to have been
taken to his room by John Smith, fire
man at the Baatz block. He testified
that the liquor had been rectified for
his own use and was brand he fav-
ored. Laundry and other personal ef-
fects were to have been taken to the
room with the cases, Baatz stated, and
some laundry was found with the cases
by the raiding squad. Smith. called
as witness, coroborated Baatz, say
ing that his employer had instructed
him to take the cases. laundry end
other items to his room.
Deal was represented by Hayes as
having knowledge of the alleged sales,
but the state rested its case without
calling to the stand Deal, who had been
subpoenad by the county attorney.
The defense Immediately demanded that
he be summoned as d Baatz witness
and recess Of several days was
granted to permit search for him by
Sheriff Gordon. He had not been
found Tuesday when the taking Of tes
timony was resumed. but it is reported
that he has since been in Great Falls
and it is considered possible that he
IL the witness to be summoned today.
Attorney Freeman stated after de-
manding that Deal be summoned as
Baatz witness that he desired to COM
pare his testimony with Hayes.
Constitutionaiity in Question.
Questions Of constitutionality touch
ing upon the search and seizure clause
of the state prohibition and the is
suance Of search warrants, as raised by
Attorney S. j. Cowley in the Joe LAX
man case and by Mr. Freeman IN the
Baatz case, have caused Judges Ewing
and Leslie to deny warrants applied
for under the old form since the points
were submitted. Two applications for