Jasper County Democrat, Volume 11, Number 6, Rensselaer, Jasper County, 9 May 1908 — AND THE JURY BAILED TO AGREE. [ARTICLE]

AND THE JURY BAILED TO AGREE.

Deliberate Twenty-One Hours in Rosenbaum Blind Tiger Case Without Result. The first blind tiger case in Jasper’ county was called for trial on Wednesday at 3:30 o’clock. Anticipating a look at or a smell of the good old rye and the two barrels of lager, a good crowd was on hand at the beginning of the trial, and some of them bad the appearance of being dry even unto desperation. The defendant asked for a change of venue from the Judge, which motion was overruled. / The parties whose intoxication led to the search and finally the arrest of Rosenbaum, occupied chairs just behind the prosecutor. Despite the fact that they are accused of being confirmed drink fiends they look much younger in years than they are. Mrs. Hyatt watched the empaneling of the jury* closely. The husband appeared at ease and in all probability would have enjoyed two or three bottles out of one of the sugar barrels in the basement. Three of the ministers of the city were present and watched the progress of the trial. A pick-up jury was placed in the box. W. F. Smith caused a laugh while being examined by the State as to his competency to sit as f a juror, by saying that he had expressed the opinion that he didn’t believe Rosenbaum had the liquor on hand to sell, as he could soon drink that much himself. After a parley the State challenged him for cause. The court overruled the challenge. A preemptory challenge let him out. The jury as accepted were the

following: John W. McClanahan. Andrew Kahler. George Parker. John W. Jloyes. Geo. Terwilliger. W. J. Pruett. Frank W. Fisher. Ed L. Bruce. John W. Hitchings. J. B. Moore. Ed Pharis. Elmer Cooper. Emma Hyatt, the prosecuting witness, came from Union City, Ind., to Portland and from Portland to Rensselaer. Prior to her and her husband’s going to Rosenbaum’s European Hotel she had worked for Geo. W. Goff about four weeks, and went to Rosenbaum’s April 13 —an omen of evil to start with—and worked there as cook and dishwasher for $3.00 a week. She saw liquor there from the start—in fact it was there in such profusion that she couldn’t help but see it, beer especially. She saw Rosenbaum put bottles in a basket and take, them upstairs after one barrel had been opened. This bottled goods was packed in sugar barrels and consigned to “Aug. Rosenbaum.” She asked Mrs. Rosenbaum for whiskey. Mrs. Rosenbaum asked her whether she wanted to buy a drink or wanted to buy a quart. She said she wanted to buy a quart. The price, $1.25, as taken out of her wages. This was on Tuesday. A second quart was purchased ■on Wednesday. Witness told Mrs. Rosenbaum Mr. Hyatt had heart trouble and that he had to have whiskey; that she also was all “in a jerk” and couldn’t get breakfast without a

drink. This was early in the morning. Mrs. Rosenbaum 1 swore Mrs. Hyatt asked for a “swig,” and of course the former didn’t know what that was. However, when Mrs. Hyatt explained that she wanted red liquor she got a bottle and poured out about “three fingers” in a glass and gave it to her. Mrs. Hyatt said she had been drunk but regretted it, and went back to work. Clarence Thompson was night man. Mrs. Hyatt saw him drink every night. She saw a business man come in and “Deutsch Sprecken” to a little boy. The boy was on in a jiffy and put him in a position to cool his insides by handing him a bottle of beer out of a case. He put the contents of the bottle where it would do the most good in short'order. On Saturday Hyatt had dried out again, and Mrs. Hyatt told Mrs. Rosenbaum he wanted whiskey. The latter remonstrated that he would get drunk again. Mrs. Hyatt promised he wouldn’t. Mrs. Rosenbaum went somewhere and got a quart bottle. These frequent purchases of red liquor began to tell on the Hyatt purse, and Mrs. Hyatt told Mrs. Rosenbaum that they were not going to spend all their wages for whiskey.

This third bottle proved to be the undoing of the Hyatts, and when the city marshal found Hyatt drunk he had about half of the stuff unconsumed. This was brought into court. This bottle was identified as the same Mrs. Hyatt had bought. Webb Hyatt, husband of the prosecuting witness, corroborated her testimony, and to clinch the matter he ideptified the half-full bottle as the one taken away from him. swore that he had paralysis and, at the instance of Dr. Merrill, had his wife bathe him outside twice daily with whiskey to stimulate the circulation of the blood, and that it took two quarts daily for this purpose. The family also consumed two quarts a week and six to eight bottles of beer daily. l He had been in the restaurant business before going to the hotel and had kept liquor there. Had been in the saloon business and had been arrested many times, and fined twice for violations of the law. Warren Robinson drank beer, but had never asked for liquor at Rosenbaum’s. The court wouldn’t let Warren tell much, so the interested spectators were not informed whether he had the beer located and could easily find it without assistance, At 8:10 p. m., the judge began the oral charge to the jury, and at 8:50 the jury retired to deliberate on its verdict.

About 10: jury asked the court whether they could convict Rosenbaum if Mrs. Rosenbaum had made the sale, if one had been made. The court instructed them that they could if they found *that he had knowledge that she made the sale. Later further instruction was asked for and given on the above, and again 'at 3:30 p. m. instructions were asked for, making the third time they had called for more light on this now famous case. They had then been out 18 hours and apparently no nearer a verdict than when they first retired. At 5:50 p. m., the jury reported that they could not agree and were discharged from further service by the court. What further disposition will be made of this case 'is not known at this writing, but some of those most interested say they are determined to push it to a conclusion. Of course nothing further will be done until the September term. Jhe jury is said to have stood 11 for acquittal and one for conviction after a few ballots. ROSELAWN AGAIN GOES “DRY.” Newton County Enterprise: A blanket remonstrance filed by citizens of Lincoln township was held sufficient by the Board, and a license to sell liquor was denied Thos. Foglt and Wm. Klpperllng of Roselawn. An appeal to the circuit court was granted and the case will come up for hearing at the May term of court. THE WAY IT IS WORKED. Meats have taken a great jump upward the past few weeks, and that was done for the large packers to unload their stores of hams and bacon cured last winter while hogs were down to the bottom. “There is more than one way to skin a cat. - ’ —Lake County Star.