The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1922-03-08
JAIL LOOMS ON
NEXT 0FFENSE.
WARNING GIVEN
News that its Against Law to
Make Home Brew to be Spread
Among Foreigners
RDLUCK STORIES HEARD
Many Poverty Pleas are Made
Before Judge Miller in Fed
eral Court Session Today

News that it is against the law to
make "home brew" will be pretty we'll
spread through southwestern North
Dakota by the time the arraignment of
7S persons charged with violating the
Volstead act is finished in federal
O)urt here late today
Pleas of ignorance of the law, pov.
erty, sickness and other hard-luck
tales were made in most cases as a
score of men of foreign birth were ar.
raigned before Judge Miller on liquor
law violation charges. In each case
the court warned the persons ap-
pearing that they now are informed
that it is a violation of the law and
that another trip to the federal court
room probably will lead to trip to
a warm place behind steel bars in
some Jail. Z
The grist lof Volstead violation cases
continued today, with Judge S. L.
Nuchols, assistant United States Dis
trict Attorney, and Howard HI. Strack,
chief clerk, handling them with all
dispatch possible, and Judge Miller
questioning each defendant and add
ing to the lecture a fine in the, case it
is only the first violation.
Hard Luck Tales
John Mickler, James Dolynink and
George Herner presented tough cases
for decision. They have, II, g and 8
children respectively, they told the
judge, the first-named is out of work.
the last two have mortgages plaster
ing their farms for all they are worth
and they had barely enough money TO
get to Bismarck to appear in federal
court. In another case the defendant
claimed to have had but one meal
while in Bismarck
Henry Smith won the lightest fine
Of all. It was ST. Smith told Judge
Miller he made some beer for his
wife, the doctor telling him she must
have a tonic. He denied that he sold
it, or even used it himself.
The first case called was that Of
George Harvey, it, being called fol-
lowing brief conference over a civil
case and the admission to practice, in
federal court Of F. O. Hellstrom.
Harvey, resident Of Halliday, was
said by his attorney to be in hospi.
tai suffering from the "fiu." He was
fined $10
Constantine Wilhelm, of Hettinger
county, a foreigner, told the court he
had II children, his farm was mort
gagged and he had no money. He was
fined $40.
George Horner, living near Mott,
had to borrow money to get to Bis
marck. it was said by his attorney.
Horner didn't understand Judge Mil
ler's Injunction not to violate the law
again. Turning to William LANCER,
appearing as attorney for Horner,
Judge Miller said:
"I'll fine this man $40 and you give
him good talk in Dutch telling him
he'll probably go to Jail if he does this
again" Mr.. LANCER said he would do |
so. |
Frank Wetztein and Honas WetZ- !;
tein, residents Of Mandan, broke the
of the routine through their
pleading not guilty, saying
that the liquor found in their possess.
ion was in their possession before the |
Wplstead Act was passed and there
fore was rightfully in their possession.
Rufus Anderson, Of Bismarck, was
fined S25 on a charge of violating the |
Volstead act
Talks Through interpreter
Dmitro Dolynink, James Dolynink
and Carl PodalanZuk, all men of for.
eign birth and farmers in Stark coun- |
ty, appeared and their attorney made !
a strong plea for them, telling OF their !
battle against crop failures and mort
cages and declared they did not know
they were violating the law. They !
made liquor only for their own use, he
said. |
Wenuntly Zalewicki, next called,
didn't understand much English. An
was called. After he was
fined Judge Miller said to the inter- |
prster:
"You tell him it is against the law;
that he must not do it anymore, that
the reason I'm letting him off so easy
is because he didn't know it was
against the law; that | want every
body to know it is and If he comes up
before this court again he'll probably
get a severe sentence
Mike Baumgarter and Fred kist
pleaded not guilty.
Martin Winchel, formerly living
near Yucca. now of IMandan, made a
still for another man. He said he was
a tinsmith and didn't know he was
violating the law. The information OF
officers was that his wife made liquor.
He was fined $40.
Archie Lewis and M. j. Barley,
young men of Beach, arrested by
Sheriff Stockwell Of Golden Valley
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