Jasper County Democrat, Volume 2, Number 31, Rensselaer, Jasper County, 11 November 1899 — One of Chizum’s Cases. [ARTICLE]

One of Chizum’s Cases.

August Rosenbaum, a saloonkeeper of this city, was indicted last January for a violation of the Nicholson law, the charge being that he allowed a man named Hemphill to remain in his place of business during prohibited hours. The jury acquitted him and a second indictment was filed charging that he was guilty of allowing one Perkins to remain in the saloon after hours prohibited in the law as the one at which business shall be suspended. Hemphill and Perkins were members of the same crowd and in the saloon at the same time, and Judge Thompson decided that Rosenbaum could not be tried twice for a single act. ProsecutorChizum appealed from Judge Thompson’s decision, and last Friday” the appellate court sustained the lower court, holding (1) that the proprietor of a place where intoxicating liquors are sold, who permits two or more persons not members of his family to be in the room during prohibited hours, cannot be prosecuted for a separate offense as to each of said persons, but his conviction or acquittal on the charge of permitting one of such persons unlawfully to be in his place of business during prohibited hours will operate as a bar to any further prosecution for permitting other members of the same party to be there at that time. (2) A single offense cannot be split up to form the ground for two or more criminal prosecutions.