The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1922-03-07

S. L. Nuchols, assistant United State:
The, court impressed solemnly upor
the Offenders that in view Of the fact
that their Oifenses had been commit
ted before the different phases of the
Volstead act were well known and
established and in view of the fact
that they were first offenders that the
sentences would be light. He eau
toned them, however, that it was a
violation of the law to manufacture or
have in their possession Intoxicating
liquors and that as law abiding citi-
Zens they should cease now that they
had been warned that it was viola,
ton of the law. He told them that on
second offense they would not be Civ,
en- minimum fines.
Confess Lack of knowledge
Most of the defendants apparently
were Industrious farmers of foreign
birth who confessed to a lack of
knowledge of the full intent Of the
Volstead act. Judge Miller commented
upon the fac& that for sometime after
the passage Of the Volstead act, it
was the popular belief that liquors
could be made in the home for home
consumption. Magazine articles, he
said, and the newspapers generally
had discussed this phase until many
people became confused. He warned
those accused, however, of the full
import Of the law and admonished
chem to return home and cease their
unlawful operations.
Judge Miller's handling of the Vol
stead violations made a fine impress
sion upon those who witnessed the ar
raignments. Most of the culprits who
plead guilty were financially unable to
pay large fines and were in no posi-
ton to leave their families and stock
to- serve a Jail sentence.
Practically all of them were either
of foreign birth or parentage and
viewed the manufacture Of beer and
wine in the home as a very natural
and innocent operation. Judge Mil
ler explained the workings of the VOL
stead act to them and secured from
each of them an acknowledgment
that they knew the manufacture even
for their own use was a violation of a
federal law and would be punishable
in much more severe manner upon
the second. pffense.
Rang Bell for Alarm
One of the first cases was that of
Tony Panko, farmer, % years old,
who is struggling to pay off mortgages
and prove up a homestead in the In
dian reservation section in Sioux
county.
Judge Nuchols read the prohibition
agents report, which said that when
he approached the house the wife
rang a bell, which she confessed was
a warning to others that officers were
approaching. The assistant district
attorney remarked that in the SOUTH
ern mountains the "moonshiners"
used somewhat similar warnings, eX-
cept that they sent warnings from
mountain tops.
F. e. McCurdy made a. plea for
Banko, saying he was foreigner who
had proved up one homestead, was
proving up another, had three small
children and was heavily m0rtgaged
Tony, in answer to questions Of
Judge Miller, said that he made home
brew a couple of times but it was
no good, but the next time it was
better. He denied having sold any.
Judge Miller said that he realized
that Banko was one pf many farm
ers who had come in to try and build
up the country and make a home for
themselves, and being Of foreign birth.
probably did not appreciate the Of
tense. He warned Banko that a Sec
Aond offense probably would bring a
jail sentence and especially warned
hhim of the gravity Of giving liquor to
/ Indians.
81 don't do it again." promised
Banko, as the judge decided to allow
him to pay $40 fine and costs when
he was able to do so.
Nick O'Rell, 56 years old, also from
that section, understood little English
land an Interpreter was called. OF.
fcers testified he mode '.home brew
only for himself He was given $40
! fine and warning that second of.
fense probably would mean Jail sen,
tence.
Mandan Boy Up
Thomas Kopp, young Mandan
man, who said he had been employed
in the railroad yards but had been
laid off, was called. He pleaded guilty
Attorney Faber made plea for him
The officers said no evidence Of sale
was found. Kopp promised not tt
maae any more Of the stuff.
Judge Nuchols reported he under
stood the kopp house was raidet
again last night. An agent said tina
the house was raided and still
found, the boy showing the way t.
the basement. The father was also t,
he called before the court this after
noon. The boy was fined $40 an
costs and paid before he left tn
courtroom.
The case of J. A. Winkle, of Het
finger county, on a charge of trans
porting liquor, was continued unit
tho payt form Of court Iamac C'rOnL