The daily star-mirror., 1923-12-12
JURYMEN DISAGREE
IN HAZELTON CASE
JUDGE DIETRICH PRONOUNCES
SENTENCE ON PROHIBITION VIO-
LATORS-WHTE SLAYER JAILED

LA IUlsS-ft III III SLA EE JAILED
The jury in the case of Mrs. Ruth
Hazelton of Weippe, charged with
the maintenance OF a nuisance at
, Lewiston, possession, sale and pos
session, and with maintaining a nui-
sance at Weippe, was unable to agree,
according to sealed verdict brought
in this morning before Judge Frank
S. Dietrich The jury was discharg-
ed and the re-trial of the case will be
! held Friday morning. No agreement
was reached on any of the five counts
instruction to return a sealed verdict
was given by Judge Dietrich last
night at midnight after the case had
gone to the jury at 1910.
A motion in arrest of judgment was
made this morning by V. r. Clements
OF Lewiston in the case against Mr.
and Mrs. Aloyse Walter of Lewiston,
found guilty on four counts of liquor
possession possession of property de-
signed for manufacture, manufacture
and nuisance. The motion was TAX
en- under advisement by Judge Diet
rich.
Discusses Warrants SufffcieRcy
Mr.. Clements stated that the affida-
Wit for the search warrant did not
state facts sufficient to set forth
probable cause for the issuance of the
search warrant and that the search
warrant was insufficient in that it
was issued on information and be-
lief. The defense contended that the
prosecution should have elected to
prosecute on the manufacturing
charge in that it was the dominant
offense and that prosecution on all
other counts was double prosecution.
Mr.. Clements further contended
that the evidence obtained by the Of
ficers through their senses of smell
did not establish probable cause that
crime had been committed, that the
officers weSe trespassers and that
any evidence obtained was inadmiss-
able. In support of the motion for
arrest of judgment the defense coun-
sci urged that there was not COM
petent evidence on any of the counts
to justify the verdict.
Long Arm of Law
Nick Arvanites, charged with viola
ton of the Mann act in the tranSpOr-
tation of a woman from Spokane to
Kellogg for immoral purposes, was
brought back to Moscow today from
ST. Paul by Edward Rusted, United
States marshal for Minnesota. Arvan-
ties jumped his bond February 9,
1921. His bond was fixed at $500 to-
day and the case will be tried at the
Coeur d'Alene term of court in May,
1924.
J. A. Bowman and Wade Emick,
both of Cottonwood, found guilty of
violations of the national prohibition
act by jury returning sealed ver-
1ict Sunday morning, received sent
ences this morning. Bowman was
sentenced to six months imprison-
nent in the Bonner county Jail at
standpoint for maintaining a nuisance
Ind fined $19O for liquor possession.
1mick was fined $500 for possession
# property designed for manufacture
md sentenced to four months in the
Bonner county Jail for maintaining q
nuisance.
Moscow Greek Sentenced
George Pappas of MOSCOW, Greek,
vho plead guilty to sale OF intoxicat-
ng liquor. was sentenced to impris-
nment for three months in the Bon
Ter county jail.
Zan Jordan of Orofino, who was
ound guilty by jury of possession
nd sale of intoxicating liquor, was
'erce county Jail and fined $500. A
notion for a new trial was denied
nd an exception to the court rules
aiken. An appeal will be taken to
re circuit court of appeals.
A motion for the arrest of judg-
lent in the case of Mr.. and Mrs.
incent Montana, Italians of Pot
atch, was denied by Judge Dietrich
he Montanas were found guilty of
iolations of the national prohibi-
on act. A demand for bill of par
culars in the case of Tom Boise of
ewiston, charged with "corruptly en-
eavoring to obstruct and impede
lie due administration of Justice,
as denied as was the same motion
enied in the case of Levin Larson of
rsy, charged with the possession
Id sale of liquor
Judge PrOnOHnces Sentence
Joe Snyder of Weippe, who plead
lilty to possession and transporta-
On of intoxicating liquors was fined
so on each count or total of $780,
win t. Schuma of Cottonwood,
larged jointly with Wade Emick and
A. Bowman but who plead guilty.
as fined $500 and sentenced to two
onths in the Bonner county Jail.
Theodore Peterson of Orofino, who
as found guilty of possession, sale
d. nuisance, was fined $500 and sent
ced to Imprisonment for three
onths in the Clearwater county jail
Kaiser Ugo of Grangeville, who
cad guilty to possession and man
acture of wine, was fined 500 and
ntenced to one month in the Bon
r county Jail at Standpoint.
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