South Bend News-Times, Volume 37, Number 183, South Bend, St. Joseph County, 1 July 1920 — Page 3

THE SOUTH BEND NEWS-TIMES

THURSDAY MORNING, JULY 1, 1920. 3

SHERIFF REMOVES AMERICAN PRIDE

FROM BULL PEN

Last Chapter Written in Zim-mer-Dambaeher Liquor Case Wednesday.

On hur.drM ar.I thrr-o c.ws of what appears to ho Anurii-an Pri.Ie whisky ar now in th custo'ly of S'iwrl.f I:;ck. Thy ;irf th m'irh t.lkl about, niwh foi;?ht nver, virimee lr. th Zlrnrrur-U'irM.v hr :is. Thy i.iv- bff-n th subject of jnurh litigation, l.ut th'-y arc flnalv rr;o?!r.? mr.r or J- j.rarf fully In thf county jail. At 1:30 v io k this ?f!-mron firiM-iff D:rk wmt .lfur thu. IVilowinff h-.irir:k on ;h injunr-tion 3,r.- linK i iKr !'r co'jrt thI'jriornlr.jr. fri;-f Klin ;ictp'-;I to !o-

3 1 v r thrn.

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f o : - -.r-w .1 B

Marl-Cibbin. roun-

ly attorny, ':i,:. .1. M. Vanlirmk, Inhibition t, and Sheriff Duck w-r th o!l: watchers anl a 3)ot of Intrrf-!' ! person wert i;notl'.cially or r.t ; ri th- .-am- rapacity. Shf-riff k a für-.l r sj onsiliiliiy aft'r t. t i ; i ic M-wral of th" l'OttW? to h- .-ut- ihty tontairu'I w hat tru-y v re !jppooii to contain. Th."- atf'wl-ivit. of 'hK-f Kllno. in c urt marlv a ar ;i?o, asm rts That the f! N actually whisky, an I m) any ov-il tr.ir.xfortnatlon wo.iM r..' - -i ri'.y bo harfl t'i th- .h-nff. It was for thl H'.isnn that pr autions tc t.ikn. Not In 'onti'inpt.

Th -hcrift v:ll r.ot l,,- h. I i i: tmpt i-f oiii: i,r violating tt. uit court Inliira tif)!'.. That

;i;?r-vt upon by the ;.uornys. The court action, w'nich pron-iss In ! the Mn.'tl chapter in the lonq htory of petition:--, iniuii' tion.-j, orlers. appeal.;, more inju net iors. apIfllate d ci-ior.s. still more injunction:, denial.-, claims. :i:iswt, aflil:ivih. chnilni;s an-1 ! tian-es catn as a jarf .t" the hearing on the most recent injunction of the xi ff a Irs. that against city, state and federal officials, preventing delivery of th whisky in eHstlon to anyone rxcej t tho sh ruf of St. Joseph county or the attorney general of the täte of Indiana. The hearmu'. after the temporary restraining ord r liad horn entered last Saturday, v;,(

et ro- Wednesday liioinitiL; m s.

perior court. Chief Kline, ns one of :1m defendants-, was in court and w;is repre- : f-entcd by cfty Atty. Sliek. Aft.-'

brief prelinnn.! ry rtitiarlvs. the citv nttortiey deplored all of the "te.tt-

S n lt about the bush." and advocated i tliat officials "fret busy" and ! ini: j the- real defenda n t -Zinino r and Panibacher to trial. "!t 1- time the. county authorities did something be-' sides advertising the fact that thei South Ib-nd polh e arc not safe cos- j lodbin- of this lioia.r." e said "We!

How Thin Folks Can Put On Flesh If urn are weak, thin and ernaintcd and can't put on I'eh or '1 tronr, no matter ho-.v mmh ou cat, to Wet tick's Pharmacy and pet enough I'lond-1 rott IMiosphate f(r a three we. k's trcatmet-.t and take it as diieet.-.l. sr at the end "f three weeks you don't feel strr.r and better tlian you have for months; if your e' es aren't brighter, find your nerves steadier; if ou don't sleep b.-tier. and your im. vittor and vitality aien'f more than ilinibled. or if you h iven't put on sovcra! pounds of uim stai-there Mesh, you can have your moncv back for the askli-.ir a mi Hlo.nl-1-.!1 V",snhate v.-ill cost jou nothittir.

' l.MPOKTANT lllood-lton plios-;

pliato i Mbl only in original iacknxes, -ita!iiinr. cnoimh for tlirc tratniciit. at 5 !.. per ackuo -only 5Vii utek. Advt.

aie tired of dilay. If the court will designate a P r.on to receive this liquor, and set a time. hief Kline will b willing to et it ff his hands. Wv will jriv- very aid in th' prosecution f this case. I;- time to j;et l.'in." Would Itrmow InJunllon.

"I b-!kv there has been an ordr In this court for nearly a y-ar, de.ii'na t i r. c a person to receive thl liquor," said Stuart MarKibMn, eounty n:torny. repre-cr.tir.?, with I'ros. Samuel Schwartz, the other id of the case. "Very well." airbed Mr. Slick. "Set a time." "The Hr.-: thlM? to do is to remove the lnjunrtl.n which U ft.mdInc In circuit court, preventing the 'her:ff from taking thi.v liquor," was

! Mr. McKihbln's opinion. "Then this

court r.tn entrr the proper order. "That isn't necessary. We're willing to surrender the liquor." dec!arI the city attorney. "H It the sheriff Is between two fires." objected Jude C. U. Monttronery. w hn heard the case. If an order ! entered h'-re, he must pet the whisky." or he h in contempt of eourt. If he frets the whisky, he Is In eont nipt of circuit court for violating the injunction." "We can file a short retitl'n." explained Mr. MarKibbln, "statins the fai t.e. and asking th.it th1 injunction he dissolved." "You don't need to do that. I'll dismi-s the cae," offered Mr. Sllk. S liwnrtz .Make Ofijx-tlon. "You can't ib that." replied Mr. S. hwartz and Mr. Mai Kibbin at the same time. "Why not? Didn't I file the case?" "Hut final judgment has been entered." explained Mr. MacKibbln. "Th re no way for a plaintiff to dismiss a rase after judgment h't-S been entered." "( h. so you want to force us- to do fomethinfr, is that it?" demanded Mr. Sliek. "Not at nil. I'm lookinp at the m.itter merely as a lawyer, Mr. Siick." tepüed Mr. Ma.-KihMn. And then he repeated his explanation. Finally it was agreed that Chief Kline should deliver the whisky, so that the sheriff would not have to violate the circuit court injunction, which will still exist for about six weeks, about taking it. Mr. MacKibbin foupht the agreement until Jude Montgomery pointed out that the delivery of the whisky was the main objec t of the whole affair, and that it would thus be gained without more trouble. Pass llio Huck. Then becan what Atty. MacKihbin characterized as "passim; the buck." .1. M. VanTIook. federal T'rohibi-

tion af?nt. also one of the parties nsalnst whom the injunction was lUed, was called upon by JuJrp Montgomery to tell whether or not he was an attorney. Capt. Yanllook replied in the negative, and then went on to Inform the court that he "never had any Intention of taking: this liquor." Pro Schwartz replied that 10 minutes before tho rtlt!on for the injunction had ben fid he had talked to Capt. Vanllook, who had told him at that time that he did Intend to take the whisky. Vanllook rose to deny the ptatement, qualifying his first remark by faying that "maybe Jude Orbison had such an Intention." Mr. MacKlLbin then declared that Inasmuch as they were "paysInK the buck." he would put In a word. He explained that afndavlts were In hi possession, and had born before the court, showing intention on the part of the federal officers to take the liquor. Itrsunic Ileartnc Then tho hearing wa.s resumed, resulting In the entering of Chief Kline's agreement to deliver the whisky. The cae has been before courts of the county for more than a year. Karly In June, 191?, police ofilcer.s made a raid on the warehouse of tho defendants. Zimmer and Dambacher, and found there, according to the story. 133 cases of lkjuor. Thirty-two of the cases are said to have disappeared on the way to the city jail. The case was brought up in superior court, where Pins. Schwartz asked that Chief Kline be ordered to deliver the evidence to the sheriff, since he feared that it might like the evidence in tho case acrainst John C. "Tony" Barrett become something else The order was entered; Chief Kline secured an injunction In circuit court preventing the sheriff from carrying out the order, and the case was appealed to the appellate court. Only a few days apo the arpellato court confirmed Judge Montgomery's decision. T

WALL STREET BETT IX G STILL FAVORS M'ADOO

Bj United Tre?: NEW YORK, Jun 30. Wall st. betting on results of the democratic convention today continued to favor W. Ci. McAdoo with odds of r.lne to five Quoted against his selection Pres't Wilson, in view of the demonstration accorded hi-n At Fan Francisco, moved to second plae with odds of two to one asralnst his nomination. Previously odds ayalr.st Wilson's choice were 20 to 1. Gov. Cox of Ohio was third with odds of three to one against.

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i ini; the influenza epidemic last year j we all had it, nnd my own illness, together with the worry over the test of our family, broupht on a i case of genuine nervous prostration. "I was so weak I couldn't even ! sweep the floor, and during the day I would have to lie down four or ; :ive times. I tried to walk but found , ut h:tlf a block was all I could ; sand before I gave out. Nervous I spell came on nie often "Hvery medicine I tried failed to j reach my case until finally my hus- ; t':nd ured me to try Tanlac. and I ' : m indeed thankful that he did, for it proved to be Just what I needed. "The first two bottles didn't seem to help me. I guess that Mas because I wa.s fo extremely bail off, j but on the third bottlo I could teil ; I was improving and that cave me j norc hopes than ever of getting i v n. j "My improvement from then on

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