DR. HIGGINS' BEST COLD TEA

James Dougherty.

Cortland Evening Standard, Thursday, November 14, 1895.

JURY SAYS GUILTY.

R. B. LINDERMAN FINED $50 OR FIFTY DAYS.

Hard Fought Battle in Excise Case, Unsuccessful Effort to Impeach Witnesses.

   The case of The People vs. R. Burns Linderman was tried before Police Justice Bull and a jury yesterday. The defendant was charged with the illegal sale of liquor. I. H. Palmer appeared for the prosecution and James Dougherty for the defendant

   The case was called at 10 o'clock. Defendant's attorney moved an adjournment on the ground that they could not find their witnesses. Denied.

   After severs hours' effort the following jury was secured: N. J. Parsons, A. M. Schermerhorn, O. A. Brazie, John Parks, J. D. Fish, W. G. McKinney.

   The case was opened by Attorney Palmer.

   Melvin Munson was the first witness called for the prosecution. He swore as follows: I was in R. B. Linderman's place of business on Oct. 15 between 9 and 10 in the evening. Oscar Trim and I went in and stumped Linderman to shake dice and Trim got beaten and bought whiskey. When he set it up, he said: This is Dr. Higgins' cold tea. Mr. Linderman waited upon us. I consider that I know what whiskey is. I can tell it by the taste. I considered I bought whiskey on this date of defendant.

   Cross examination—I live on Port Watson-st., Cortland, and am married. I have been in the employment of the Good Government club recently. I met Prof. Banta, Dr. Pearce, Dr. Higgins, and Dr. Santee and made arrangement to procure evidence and present it to the club. Agreed upon no price for this work. They gave me no instructions as to how to procure evidence, or where to procure it. It had been arranged that I should report to Dr. Santee when I procured any evidence, but can't tell how many there are. Oscar Trim was an associate of mine and I engaged his services between the 6th and 9th of October. I had known Trim about twelve years and sent word to him by Dr. Santee that I wanted him to work for me. I was going to pay Trim forty per cent of what I received. I went into it not for the money, but for the good that might come from it. I don't know how much I have received and don't know how much I have paid Trim. On the night of Oct. 15 Trim came to my house and we went to Linderman's place of business. I believe I am qualified to know whether the liquid I drank at Linderman's was whiskey or not. I was never arrested. I talked with my associate and with the committee as to what my evidence would be on this trial. It was expected that my compensation was to cover expenses.

   Oscar C. Trim was then called. He said: I live between Cortland and Groton. I have known defendant for from eight to nine months. Defendant keeps what is known as a saloon and keeps a bar within. I called for the dice and after shaking dice I was beaten. I called for whiskey and defendant set it up with the remark that it was some of Higgins' best cold tea. I drank it and say that it was whiskey. I saw Munson drink some of the same.

   Cross examination—I was in the employ of Munson and was to be paid for my work. I went into the work for the good of the cause.

   John W. Keese was next sworn and testified that he was an excise commissioner of the town of Cortlandville. He produced the record of the excise commissioners which was put in evidence.

   The People then rested and Attorney James Dougherty opened the case for the defendant.

   John O. Reid was the first witness called. He said: I have heard something said about Munson and Trim. I should not consider their reputation good, judging from the speech of people. Were I sitting as a juror and the witnesses were sworn in a case in which they were interested I would not like to give them full credit.

   Cross examined—I never knew them personally. Have heard Munson's character discussed within a year. Have heard J. N. Dean say that Munson owed him a bill and would not pay it. I don't know for a fact that he owes Dean. Have never heard his truth and veracity questioned.

   John Hodgson of Cortland swore as follows: Sitting as a juror with Munson and Trim as witnesses in a case in which they were interested I would not give them full credit.

   Cross examination—I don't know personally these men. I would not believe any man in a case where he would hire himself out as a witness.

   J. N. Dean testified: I am a grocer in Cortland. I know from the speech of people Munson's reputation and would not give his evidence full credit. I have heard C. W. Stoker, J. O. Reid and J. S. Squires speak of him. Never knew Trim until he became connected with the liquor prosecutions. Have heard J. S. Squires speak of Munson and say he would like to have him pay the $22 Munson owed him. I have a little feeling in the matter because I want the money. Can mention the name of no person I have heard speak of Trim.

   I. H. Holcomb was the next witness He said: I know of the reputation of Munson and Trim from the speech of people and consider it bad.

   Cross examination—I have been bondsman for several of the people who have been arrested for violating the excise laws. I have business relations with the most of the saloonkeepers. I have some feeling in this matter and feel that every man should have his just dues.

   A. B. Frazier testified: I know Munson and Trim by the speech of people and sitting as a juror could not give them full credit. Trim was arrested once on suspicion of stealing a pair of cattle, an examination was held and he was acquitted.

   F. D. Smith said: I have heard Munson's reputation discussed and should consider it bad and would not give his evidence full credit were I a juror in a case in which he was an interested witness. Can not tell the name of any one I have heard speak of him.

   B. F. Taylor's evidence was: I know from the speech of people of the reputation of Munson and Trim and would not give their evidence full credit. I do not know them personally. Have heard James Dougherty, Corcoran, Goddard and Charles Peck speak of them.

   Defendant here rested their case.

   The People called Eugene Ryan of Virgil who testified: I know Oscar Trim's reputation to be good from the speech of people and were I a juror would give his evidence full credit. Have heard John Winslow say he thought Trim as good as the majority of them.

   Walter L. Chaplin of Virgil testified: Have been the supervisor of that town.  Have heard Trim's reputation spoken of and were I a juror would give him full credit.

   John Lewis of East Virgil testified: I know Oscar Trim's reputation by the speech of people to be good and would give his evidence full credit. Have heard Darius Allen say he was a first rate good fellow.

   Lewis Terpenning of Virgil testified: I know Oscar Trim's reputation from the speech of people to be good and would give his evidence full credit. Have heard Dr. Bruce and Jasper Rounds speak of him.

   J. H. Johnson's evidence threw no additional light on the case.

   C. B. Hitchcock testified: Have known Munson's reputation from the speech of people and swear that it is good.

   Fred Bennett's testimony was substantially the same as Mr. Hitchcock's.

   George French testified: Have not heard Munson spoken of and don't know of his reputation by the speech of people.

   Jerome F. Wheeler testified: Never heard Munson talked about.

   H. L. Gleason testified: Have heard Munson discussed, but cannot tell by whom or where or when.

   William Howard testified: Never heard Munson's reputation discussed until recently and from the speech of people would say his reputation was good and would give his evidence full credit.

   M. L. Alexander knew nothing about the witnesses.

   Jasper Rounds of Virgil testified: I know Oscar Trim's reputation by the speech of people and would give his evidence full credit. I have heard Mr. Chrisman and Jasper Rounds speak of him.

   This closed the evidence. Attorney Dougherty then addressed the jury for twenty-five minutes and Attorney Palmer summed up for the prosecution, and at 6:15 the jury retired.

   The jury returned in four minutes and through their foreman, A. M. Schermerhorn, rendered a verdict of guilty. The court then imposed a fine of $50 or be committed to jail until paid or for a time not exceeding fifty days.

   Mr. Linderman paid the fine and was discharged.

GOOD GOVERNMENT.

THEN AND NOW.

   Several years ago a movement was organized for the enforcement of law against the saloon abomination in this village. Great enthusiasm was awakened. A large amount of money was contributed. Able and expressive legal talent was secured. But unfortunate mistakes were made in managing the movement. Obstacles were found in the way that proved almost fatal. Some of our best business men interfered in a most unlooked for way. The spirit of municipal reform was not yet abroad in the land. The friends of law and order became discouraged. Some of them were offended and declared that they would never again embark in such an undertaking. After a few convictions the movement was given up and the saloonists resumed their unlawful and demoralizing work fearless of an further interruption.

THINGS HAVE CHANGED

since then. A loud demand for the enforcement of law is heard everywhere in the land. Our present village government was elected on the law enforcement issue. Every one of our officers of the law is in favor of enforcing these laws, just as any other laws, and are deeply interested in the cause. The people have now, for added years, voiced their will at the ballot box that saloons shall not exist in this beautiful village. Through a public print, in the interest of the saloons, such unscrupulous attacks have been made upon reputable citizens, such zealous defense made of the lowest dens of shame in the village, such bitter opposition carried on to the enforcement of law, such outrageous vilification indulged in that we feel certain that the purpose has been overreached and our cause promoted by disgusting our citizens with the manner of advocacy of the saloons. A permanent organization of business and professional men has been formed for the prevention of vice and the enforcement of law. Men have now come to the front who are determined that this battle shall be fought out to a victory for law and order, if it takes years of time, thousands of money.

   Learning wisdom from past mistakes, the gentlemen who are in this movement have proceeded carefully and slowly. They expect that they will lose cases in court, perhaps a huge number, before the field is fully gained. They have only partly undertaken the work that may yet be necessary. They intend to hunt down bribery and perjury. The cases that we have had in court the last few days have been won, but they have revealed the desperate things to which the saloon supporters are resorting. We desire, however, to say here that some of the saloonkeepers do not justify some of the disgraceful things that are done in court to defeat the will of the people. We have this on the best authority.

   We ask the friends of law and order to be patient and lend us all the aid of their sympathy and influence at this important and critical moment. Once the field [is] well won we believe the evil can be held at its minimum power.

   [F. W. HIGGINS, President, Village of Cortland.]