Weekly journal-miner., 1921-03-02
TOGO t FREED
 IN BOOZE CASE
Case Made Interesting by Testi- mony of Convicted Slayer of Summer and by Many Old Residents as to Reputation
Grom Sundays Daily)

Grom Sundays Daily)
 C. Togo.
 He is free man.
 A jury in the superior court yes terday returned a verdict of not guilty in the bootlegging case of C. Togo, Japanese soft drink bartender, alleged seller of the juice that fired the imagination and passions of John Eohlein the day he slew Charles Summers, and prior to all these considerations, hallman at the Yavapai club.
 To the sterling character of Togo with respect to his honesty, integ- rity and law abidingness. the de- fense, conducted by O'Sullivan and Morgan, brought such a weight of distinguished testimony that it was difficult to see other than an ac- quittal for the diminutive oriental Togo was known for an average of about 13 years by eight of the most prominent men of the city, who had resided here an average of about 25 years. The character witnesses closed the hearing of the defense case yesterday afternoon. Previous to their appearance, both Togo and Annie Myers. arrested as his CO., defendant while back, were both on the witness chair. Togo and An nie Myers each denied having sold liquor to Lohlein, the convicted murderer, who was the chief wit ness for the state. Togo admitted having bought some four or five pints of white mule (with a vile and vinigary smell, it developed) and having paid $8 per pint for it, held same for his own use. The state protested that the possession of liquor was prima facie evidence of the offense charged in this case selling it. The defense maintained that the individual had a right to possess liquor and that there was no provision made for the punish ment of the purchaser The vendor should caveat, but the emptor had not been remarked in the statutes.
 The question was resolved in favor of the state by a ruling of the court and the cross-examination of Togo proceeded.
 Annie Myers denied categorically number of things in connection with the states allegations. On cross examination, she proved dur able against the thrusts of John Sullivan. She kept a rooming house and rented part of the downstairs to Togo for his little store. At times she tended store for him while he went uptown to buy things and got g a day for it about two days a week.
 Did he ever go uptown to SELL Mr. Sullivan queried, in- nocent-like.
 No. He go out. I kept store. He pay me"
 When the procession of bankers, lawyers, railroad officials, club lead CTS, mayors and former mayors be- gan passing the heaven-pointing clerk on their way to the witness chair to testify as to Togo's good reputation, the state rose up and how long the parade would be- The court was disposed 10 permit the defense some latitude, put Mr. Morgan, who conducted the ,ase,. said he would limit himself to he testimony of eight persons, who were Harry Heap, J. H. Blain, w. A. Drake, Richard Lamson, C. A. Peter, C. H. Hinderer, Norman Hoffman and Harry Brisley. In .eserve were a number of others, in ,luding Mayor Goldwater and Sam Clancy, who would have been the baby" among the pioneers. He :ould claim less than a decades esidence in these parts, while (. A. Peter, the most augustus member of he list of character witnesses, con essed to a residence here lasting g ears.
 Togo was said to have been em- loved for a matter of Is years as at the Yavapai club. Mem CTS of that organization said they ad frequently left large sums of loney lying around but that they ever felt uneasy because they were onvinced of the honesty of Togo.
 Ben, another Japanese employe of le club, acted as interpreter.