Monte Vista journal and Monte Vista graphic-reporter., 1924-06-13

The local justice court Toom was
the scene Of an exciting session Sat
urday and the case on trial. that OF
j. O. Anderson for one OF the most
fragrant violations OF the liquor law
in this county since the enactment
of prohibition, was occasion for
some warm words between the dis
trict attorney. the judge and the
editor of local newspaper who un-
dertook to discipline the court as to
their administration of law and
mercy.
Anderson brought his liquor cargo
to Monte Vista in Ford car and
parked before a pool hall on Adams
street. His car bore a New Mexico
license and Sheriff Earl Harper, who
had had a tip the moonshine was to
be brought to Monte Vista. spotted
the car and waited for the owner to
return. According to Mr.. Harper's
estimate the car contained a 25-gal-
lon keg and several jugs and bot
ties of the highly Intoxicating bever-
age. The only attempt to hide the
cargo was some coats thrown across
the keg. Anderson was arrested ana
thru failure to procure bond In the
sum Of $500 to appear before the
court the following morning at 10
o'clock was lodged in the jail over
night.
The case was brought to trial Sat
urday morning before Judge Batch
elder with District Attorney Eliza
johnson prosecuting he case.
The prisoner appeared before the
tie better than an invalid. being in
an advanced stage of tuberculosis.
He met the issues OF the case calm
ly and with little show Of emotion.
There was a flush OF fever across
his wasted cheek bones and temples.
Apparently he was Indifferent AS to
what the court did with him. When
asked II he had an attorney or
wished to engage one he replied that
he had no money for attorney fees
and that he just AZ soon let the
court decide the case. His replies
came In n voice thin and choked
and barely audible ten feet away
~ q result Of his affliction.
When asked to state his case hts
statements were brief and simply
told. He said:
well. you have the evidence.
guess there isn't any more to be
said. I have done wrong but Just
thought I would take one chance
and II I made II I could get treat
ment in n sanitarium.
II have no education and l can't
work any more. l haven't any
money. what could do! I'm
guilty"
The prisoner even told the Off
GERS OF another offense when he had
brought In n couple Of gallons OF the
moonshine and sold II In Monte
Vista.
The court then called Sheriff
Harper 10 give his evidence In the
case. Harper sat facing the prisoner
and did not raise his eyes during
the time he gave In briefest possible
statements the facts connected with
the arrest of Anderson.
District Attorney johnson then re-
viewed the points In the case and
explained them to the prisoner who.
though = man Of apparent average
Intelligence was In no way familiar
With court procedure.
Attorney Johnson spoke briefly
before the court saying that while
the offense was heavy and punish.
0ent to the extent Of the Law was
due hut In view Of the mans pitifui
physical condition he recommended
mercy. lie said he would not ask
or recommend punishment TO the
extent of confinement In u jail
which might nj any time prove fatal
20 the prisoner.
In pronouncink sentence Judge
Batchcldcr. who has considerable Of
Of = reputation for mctcing out
heavy fines and sentences on liquor
violators. and enforcing thcm.
hcsitated when Il came his turn 10
pronounce sentence on this prisoner.
He said that while he realized the
enormity Of the offcnsc and did not
for minute condone tho offcnse.
yet In view Of the facts he consider.
I'd II necessary for the court TO show
mercy TO tho prisoner. But before
peonouncing the ssatencc. hs said
he would like 10 have the record Of
. physicians report on the case for
II the man Was physically able 70
uadeFeo the conftne ment Of the iait