The Mankato free press., 1921-12-16
WITNESS IS Hailed
BEFORE THE COURT
Kent Bound Over to the
February Grand jury
SOLICITED THE LIQUOR
Meanwhile Charles Aldo Was
Found Guilty of Selling
Roozerine

0OO<Ot ittV
Clarence Z. Kent OF Winnebago as
sumed the role of center of interest
in the district court room yesterday
afternoon in surprisingly short time
during the trial Of Charley Aldo of
this city on q liquor charge. After
supplying the conclusive evidence
that was presented to the jury by the
state, Kent found himself in hot wa
ter with the court for the methods he
employed in gaining The information
that he had as a witness.
He arranged with the police on
September s. to solicit a sale OF
liquor from Aldo and Gid so. leading
Aldo into the hands Of Detective A.
l.. Volk in the rear OF Steiner's drug
store on South Front street. He teS-
tined that he only did this OF his own
free will, received no money for the
work and that he was opposed TO
liquor traffic in general but belonged
TO no societies for the suppression OF
liquor violation.
Immediately following the retire.
ment Of the jury, Kent was called
Judge w. l.. Comstock that the law
had been violated when Kent solicit
ed from Aldo. since he was not a
police officer and after reading the
statute dealing with that ofense,
Judge Comstock informed Kent that
he stood charged with unlawfully So
liciting liquor sale and held him to
the grand jury of the February term
of the district court.
Remarks of the Judge.
In making the courts position
clear, Judge Comstock made the fol-
lowing remarks: \
"The court desires to inform you,
Mr. Kent, that it is not at all thin
skinned or captious about whatever
means are used in the employment of,
or assistance in, detecting crime, but
when this court believes as matter
of law that it has been disclosed in
open court that the spirit and pur-
pose of the law has been violated by
anyone, il then becomes the duty OF
the court to take notice of that state
of affairs. You have testified in the re-
cent case under oath that you ap-
preached the defendant in that case
and from him learned that he had no
intoxicating liquor which you desired
to buy, and being so informed you
procured him to go somewhere and
get Intoxicating llquUf iOi yOuA use.
The law provides that no person shall
solicit any ORDER for intoxicating
liquor. The court is Of the opinion
that, being advised as You were on
that occasion that the man you ap-
preached had none in his possession
and that thereafter, at your solicita-
ton, he was engaged by you to go and
procure intoxicating liquor, that you
violated the spirit and purpose of
~ lo- f4x n VII
toxicating liquor, and you are now
informed that you are charged by
this court. with a violation of that
law, and YOU are ordered and direct
ed to report and respond to this court
at the opening of the next February
term thereof to abide the action OF
the grand jury in such respect"
After furnishing bond for his ap.
pearance before the February grand
Jury. Kent was allowed to return to
his home in Winnebago where he Is
engaged in tie tile business.
Abdo Is Found Guilty.
Abdo was found guilty of the crime
of unlawfully selling liquor by the
jury after little more than an hours
deliberation. On motion Of G. o. Dali
ey, attorney for the defendant, pas
continued until Saturday morning at
Mayor w. A. Beach informed The
Free Press today that he induced
Kent to procure evidence against
bootleggers. The Mayor stated also
that his police department will con-
tinue to wage WIZ on moonshfners
and bootleggers with as much vigor
as possible.
Section Of the Statutes
The following is the section OF the
statutes under which Kent Is bound
over to the February grand jury:
"The manufacture, sale or trans
portation or keeping or having in pos
session for sale or transportation OF,
or the taking, receiving or soliciting
OF any order for Intoxicating liquor OF
any kind in any quantity whatever is
prohibited within this state and it
shall be unlawful to have or possess
any property, matter, substance or
thing designed or intended for use in
committing a violation Of any provision
or part of the constitution or law of
this state or of the United States re-
lating to intoxicating liquor. and no
property right shall exist in any such
property, matter, substance or thing.
Mayor w. A Beach stated to The
Free Press today that IL that is good
law II must be conceded that the ef-
forts Of the police department to put a
uuietus on moonshining and bootleg
ying Will be handicapped. The Mayor
remarked that a police officer in his
desire to carry out the provisions OF
the Volstead Act could be bound over
to the grand jury, provided he soli-
cited liquor in searching for evidence
against a bootlegger.