, 1922-10-25

Hodge and heard them arguing. He
swore that Hodge wal staggering. He
heard Hodge say that Wizard could
not arrest lin. He was 20 feet away
during the struggle and shooting. Lat
er. when Hodge was injured and lean
ing against the Mint Cafe, he heard
him tell Wizard that he would pay the
charges.
DR.. O.. B. c. Kinney, who was called
to attend Wizard, testified that he also
looked at Hodge while he was in the
Mint lying on the table,. Ee stated
that he plainly smelled liquor upon
him but could not swear as to wheth-
err he was merely stimulated or intox-
icated. /.
When called by the defense, Mrs.
Laura Wallace declared that Hodge,
herself and sister were sober during
the evening and drank nothing but
ginger ale. According to her evil
dence they drank not less than six
rounds in water glasses which were
half full from the two pint bottles
Davenport had testified that one OF
the ginger-ale bottles was half full
when he found it. She admitted that
she kissed the officer but declared
that there was nothing improper in
her conduct.
Mrs. Millie Arnold of Wyola, Mont.
corroborated the testimny ( her sis
ter, Mrs. Wallace.
Hodge denied, when he took the
stand in his own defense, that he was
drunk and that he ever had been in
Curt Howell's barber shop.
duly" was called and testified that
Hodge inquired for ginger ale in the
Busy Pool Hall n while he did not
see him stagger, he was very, very
happy"
Mrs. Clara Hughes swore that
Hodge was sober when he purchased
two pint bottles of ginger ale from
her.
Mrs. S. P. Van Arsdale was an in
consequential witness and was dis
missed Immediately.
Mrs. Homer Eaman from the West
ern Drug company was called but de-
clared she had not noticed Hodges
condition when he came into the store
to purchase ginger ale.
DIR. R. S. Moody testified that when
he was called aronund two O'Clock to
take care of the patients teeth, he did
not notice the smell of whiskey.
F. NJ. Lane, the favorite witness OF
the prohibition forces. swore that she
was a physician and surgeon, and that
Hodge was not intoxicated when she
washed his face at the Hotel Cham
berlin.
T. P. Cullen probably made the
most unfavorable impression of any
witness called by either the defense
or prosecution. Wearing a silly, COM
placent smile he gave answers that
would have been childish from a
schoolboy, leaving the distinct impress
sion in the majority of minds that he
was prevaricating.
He told of driving Hodge around in
his machine between eight and nine
o'clock, at two different times, con-
tradicting Hodge himself and a dozen
witnesses who had testified that the
officer was elsewhere at that hour.
Sheriff C. A. Davis had little to con-
tribute except to deny that Hodge had
been drinking during the day when he
had seer him and to state that the IL
quor ordered by the Court to be dS-
stroyed was still in the vault, to
which his deputy had access. The
sherifrs expression when it was sug-
gested that the contents Of the vault
be examined to see il any liquor was
missing, did not escape the spectators.
The prosecution then called George
Sabotta, a barber, who corroborated
F.. s. McPeake's statement that Hodge
was in Howell's barber shop on the
18th of October.
That the finding OF the Court as to
Hodges guilt and the maximum fine
imposed upon Hodge was e%minently
satisfactory to all but a few was plain
ly evidenced by the smiles which rip
pied over the faces of the spectators
when they heard 1t, although there
was no demonstration.
The Court room was orderly from
start start to finish although many oc
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