San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-04-12
vOLAT|0NN NOT
LAW ITSELF IS
JURY PROBLEM
Attorney Says There Is
Proper Channel for
Repeal.
BLUE LAWS CITED
Liquor Conspiracy Case
Draws Out Opinions on
Law Enforcement.
BLUE LAWS CITED

Stating that an attorney for the
government had virtually apologizei
for the presence of the national pro-
hibition law on the statute books OF
the nation. in that he had stated that
il was not up to the jury to decide
whether or not the law was a good one.
Will Schlesinger. one of the counsel
for the defense in the liquor conspir-
acy case on trial here, drew parallel
between the national prohibition law
and the Sunday closing laws of Texas.
during the course of the argument be-
fore the federal court, Thursday morn
ing.
When moving picture or vaudeville
theaters operate on Sundays in San
Antonio, the attorney said. they are
doing so in violation of the Sunday
closing law of the state. The citizen
ship have shown their disapproval of
the law by refusing TO enforce il. Mr..
Schlesinger. however, did not infer
that he was not in favor of enforcing
the national prohibition laws.
On the Boots Now.
The remarks by the counsel for the
defense were inspired by the opening
argument on the part of the govern
ment in which Assistant United
States Attorney Egbert Schweppe
stated that the jury had not assem-
bled to pass Judgment on the business
or unjustness of the national prohibl-
ton law, but that they were sn eaaft
for the purpose of determining whether
or not the defendants had been guilty
of conspiracy TO violate the national
prohibition laws.
IL the citizenship disapproves of the
national prohibition law. Mr..
Schweppe said. then il is up TO the
citizenship TO have the law repealed
through channel provided for the re-
peal of the law. but that as long as it
was on the statute books of the coun-
try, then it should be enforced without
fear or favor.
Case to Jury Soon.
Counsel for the defense asserted
that the testimony had brought out
the fact that Louis Schreiner had adj
mitted that he had supplied liquor 10
Government Hill cold drink stands
but that the competition had been so
keen that he hid quit since there was
no profit in il.
AttOfHt.S luT inc utltust tAlhdihtu
to the jury that the defendants were
not on trial for individual violations
of the national prohibition laws. but
that they were on trial for an alleged
conspiracy TO violate the prohibition
laws. They maintained that even il
the testimony showed that the defend
ants had been guilty of individual vio-
lations of the national prohibition
laws. that that testimony in itself
would not be sufficient to warrant a
verdict of guilty on, the conspiracy
charge.
Since five hours have been allowed
for argument and little over two
hours were consumed Wednesday aft
ernoon, it is believed that the argu
ments will be completed by noon,
Thursday, and that the case will be
in the hands of jury by Thursday
afternoon.
The defendants who are now on
trial are Al Norton. Guy Caldwell,
Werner Caldwell, Chris C. Terrell.
Frank G. Fuller, r. Schleyer. Louis
Schreiner and Lei Stevens. One of
the other defendants. George McCray,
has not been arrested, and another,
Fern McElhenny. is dead.