The Lamar register., 1922-01-11
TWO HUNG JURIES
General Impracticability of Our Pres
ent Laws Thoroughly Dem
Onstrated.

II Is practically Impossible To satls-
factorily enforce the present compli-
Gated system of prohibition laws. The
conflict between government laws and
state laws, and the different construc-
tion placed on both by courts and
juries leaves little room for man to
really know when he is violating law
or not. Some men want to See the
law enforced regardless of who it hits,
while others are just after the boot
leggers, and still otheres want to see
all parties turned loose.
The raid of the officers on the poul-
try department of the Sherman Mer-
camille Co., and especially the arrest
of Manager ]. +. Rose has produced
situation never before equalled in the
law enforcement history of the county.
The usual division of "wet' and "dry"
has been lost sight of. Among those
who have voted to acquit Mr.. Rose are
representative men on each side, but
again the same is true of the opposite
side. The trial which began last week
is still unsettled, but the evidence has
at least cleared up much of the con-
fusion of reports which marked the
first few days after the raid and made
it almost impossible to get at the real
facts.
The first report that it was truck
drivers of the Sherman Mere. Co. that
had been caught with the booze and
arrested was unfounded. None of the
regular drivers and only one regular
employe of the company, Sam Martin,
was originally arrested. The officers
had been watching a truck owned by
]. w. Halbert of Joy Coy and bring
ing in load of produce in charge of
himself and E. H. Bonhert. When
they were satisfied and proceeded to
raid the building they asked Mr.. Rose
to accompany them and he did SO and
offered every assistance in the search.
Two half gallon jars of liquor said to
be strong enough to kill anything were
found in the closet of the room occu-
pied by Martin, manager of the poul
try department. One jar was full and
Vic Pdibig oot hlsahihE i'so Nh.aiA
a gallon all told. There were also sew
eral empty jars with the odor of liquor
about them. The officers arrested
Bonhert and Martin but Halbert got
away. Later Mr.. Rose as the man in
charge of the budding was arrested
for permitting the illegal practices on
the premises. The testimony was fair
ly identical on these points, and there
was nothing at all to indicate in the
least any connivance on the part of
the Sherman Mere. Co. in the business
of the bootleggers.
Bonhert plead guilty and was fined
500 and costs. Halbert gave himself
up and Friday and was fined s125 and
costs. The trial of Mr.. Rose was set
for Saturday before Judge A. Deeter,
and attracted the largest crowd ever
assembled in a Prowers county court.
District Attorney J. w. Hawley came
down from Trinidad and had charge
of the prosecution. Attorneys d. b.
Kinkaid and Herschel Horn acted for
the defendant. After much examina-
ton the following jury was selected:
l. II. Myers, NJ. ]. McMillin, w. p.
James, L. L. Van Ginl1el, Frank Wheel
er and C. B. Ray. The officers who
made the raid, Sheriff Simpson, I'm
dersheriff Creaghe and Chief of Police
Daniels, were the main witnesses for
the prosecution, and for the defense
the main witnesses were Mr.. Rose
and Halbert, the bootlegger. Mr.. Rose
made very good impression and
seemed desirous of having the full
facts known regardless of the effect on
his case. His testimony agreed in
practically all respects with that Of the
officers, only a very few differences
being noted.
The star witness from the sensation
al point of view was Halbert, the truck
owner Having already plead guilty
he believed himself immune from fur
ther prosecution, and his brazen de-
sire to let the world know just what
his business was, and his willingness
to give away all the secrets Of his
trade except the names of producers