Lake Maxinkuckee Its Intrigue History & Genealogy Culver, Marshall, Indiana

Raid On Wolford's



A RAID ON WOLFORD

    "Blind Tiger" Visited by Officers and Citizens and Stock of Intoxicants Confiscated.

    The persistence with which the Wolford restaurant at the depot been dispensing beer during season has borne its legitimate fruit.

    The place was raided last Saturday afternoon and two dray loads of beer bottles, one-third of them unopened, were carted off to calaboose and placed under lock and key to await proceedings court.

    A search warrant against the place was sworn out by eight citizens and placed in the hands Marshal Woods for service on Wolford. The marshal, Prosecutor Molter, Attorney Matthews and the citizens whose names appeared on the warrant marched to Wolford's about 5 o'clock and entered the front room.

    John Wolford and his sons George and Fred were found in the place.

    The warrant was given to the senior Wolford and the raiding party moved to the door of the back room where it was generally understood the beer was served to customers.

    Entrance to this room was resisted by Fred Wolford and Garland Bogardus who held the door.

    J. O. Ferrier went for an ax, but by the time he returned with the weapon the party had secured entrance and began removing the barrels and cases. No whiskey was found, but is common report that it has been sold there as freely as beer. It is probable that this portion of the spoils was carried off by the friends and customers of Wolford.

    Wolford was highly indignant when the raiding party made known their errand and loudly declaimed against the proceedings, declaring that he would not permit his premises to be searched and threatening all sorts of legal retaliation.

    The raiders, however, were not only determined to carry out their program, but felt perfect confidence in the moral and legal strength of their cause, and accomplished what they set out to do.

    The immediate outcome of the raid on the Wolford place was the organization on Monday night at the M. E. church of the Law and Order League of Union Township. Following are the officers: President, S. C. Shilling;
    recording secretary, R. E. Hutchison;
    corresponding secretary, W. O. Osborn;
    treasurer, I. S. Hahn;
    executive committee,
    J. O. Ferrier,
    John Osborn,
    A. A. Keen,
    Walter Hand,
    C. W. Newman,
    Louis Overmeyer,
    Ira Kline,
    Austin Drukemiller,
    J. L. Scheuerman,
    Louis Zechiel,
    George Kline.

    The auditorium was about half filled with an earnest and enthusiastic audience composed about equally of men and women.

    Rev. Mr. Nicely acted as temporary chairman until Lawyer Matthews arrived. Meantime, Mr. Hahn related briefly the circumstances of the raid in which he participated.

    Mr. Matthews recited the history of Culver's experience with Wolford. Ever since Matthews lived here as a young man Wolford had been a source of trouble and expense. He had not only continually violated the laws but had boasted of it, and defied the authorities, even to the extent of once drawing a revolver and threatening to kill the officers who attempted to enter his place when the second story was maintained as a house of prostitution. Wolford had boasted that it never had cost him over $50 to square his fines, but within the past year it had been Mr. Matthews' pleasure to see Wolford pay out $1,800 in fines, costs and attorneys' fees.

    The people of Culver now had Mr. Wolford in a position where they may reasonably expect to make him pay not only a great deal more than $1,800, but to spend at least a year in jail, and if all the evidence could be rounded up Wolford would be in Michigan City.

    But the people must understand that Wolford will fight to the court of last resort, and that it will take determination and money to prosecute the cases against him. If, however, the proper effort is made Wolford will be put out of business, at least as far as Culver is concerned.

    There is already evidence enough in the prosecutor's hands to punish Wolford severely, but nothing short of pushing the cases to their limit will bring Wolford to a realizing sense that his days as a violator of the liquor law are numbered.

    By way of stirring up his audience to an appreciation of Wolford's opinion of the Culver people Mr. Matthews stated that he had heard Wolford refer to them as "- oysters" and "mullet heads."

    The hearing of the case is set for Wednesday of next week before Justice Voreis, and as Mr. Matthews requested that as many people attend as possible.

    Mr. Ferrier tendered the use of the tabernacle on the assembly grounds.

    The members of the executive committee are expected to solicit funds in their respective neighborhoods and to secure all the evidence possible. Everybody - men, women and children -- was asked to assist in this work of getting evidence.

    Anyone who hears of a case where a party has procured intoxicants at Wolford's place is urged to mention it to one of the officers or members of the committee. The name of the person giving this information will be kept secret if desired. The majority of the persons in the audience enrolled their names as members of the league and contributed amounts ranging from $10 down to $1, the total amount raised at the meeting being $276. These subscriptions are due in installments of 25 per cent as needed by the committee.

    If no more than the first installment is required no more will be called for, but the subscribers must be willing to pay the whole amount should it be needed.

    Wolford, as distributing agent for Marshall county of the Val Blatz Brewing company has that wealthy corporation back of him, and it takes money to fight money, as Mr. Matthews reminded his hearers.

    Mr. Matthews, as the attorney in charge of the league's work, will have the assistance of Samuel Parker of South Bend, the duly appointed attorney of the Culver town board, and a letter from President Shumaker of the State Anti Saloon league, was read in which the assistance of that powerful organization was assured.

    Culver Citizen Aug 29, 1907


CONDEMN LIQUORS
    Temperance Element Gains the First Victory in the Fight Against Wolford

    COUNTER SUIT IS BEGUN ON WRIT OF REPLEVIN

    Meantime the Wolford Place in Culver is Closed

    The Wolford case concluded with the temperance people in possession of the field. Judge Voreis overruled the motion of the defendant denying the jurisdiction of the court, whereupon the defendant and his lawyers withdrew and the state proceeded to examine its witnesses to establish the character of the goods confiscated.

    Five witnesses were called William Osborn, John Osborn, J. O. Ferrier, S. C. Shilling and a Plymouth man named Miles. These testified to their participation in the seizure of the stock and to the nature of the beverage seized. Each declared that he knew the taste of beer and that the bottles sampled by him contained the product of the brewery.

    The defendant and his attorneys having meantime left the court there was no cross-examination on this point.

    The intoxicating character of the goods having been established Judge Voreis ordered them to be turned over to the sheriff.

    A replevin suit has been filed in the circuit court to recover the non-intoxicating beverages and the empty bottles and flaske of the alleged value of $100. The confiscated goods will be held pending the disposition of the replevin suit.

    It is not yet known whether an appeal will be taken from Judge Voreis' decision on the question of jurisdiction, but it is safe to assume the fact.

    The next step of the state will be a criminal suit against Wolford in which he will find himself in jeopardy of a fine and a term in the county jail.

    Meantime the Wolford lunch room has remained closed. This may indicate that Wolford realizes the folly of attempting to further violate the law, or it may be because the season is so near the end.

    It is the opinion here that with the competition and the infrequency of big excursions the profits from the "blind tiger" department are necessary to the existence of the place -- Citizen Sep 12, 1907


WOLFORD LOSES OUT
    Victory for Temperance Forces in Denial of the Defendant's Motions by Judge Bernetha.

    During the present term of the circuit court at Plymouth Fred Wolford - in the case against the liquors seized last August for violating the blind tiger law, and kept since that time in our town jail the defendant, filed a motion under oath asking the court to quash the search warrant, dismiss the proceedings and turn the liquors over to Fred Wolford at once. The motion was argued on behalf of the state by Samuel Parker of South Bend and William H. Matthew of Plymouth, while the defendant was represented by Hon. Charles. Kellison and Elijah C. Martindale of Plymouth. The attorneys for the defendant contended that as no notice had been served on Wolford who, it was charged, kept the liquors seized in the affidavit for the search warrant, that Justice Voreis, who tried case last fall, had no power over the defendant and therefore could render no judgment against the liquors. They also contended that the blind tiger law was unconstitutional, and that the officer who seized the liquors nor any other person had filed an affidavit against Fred Wolford; that the writ was served or read to John Wolford; that the officer who seized the liquors had wrongfully turned the same over to the town board of Culver; and that the liquors could not be ordered destroyed by the justice of the peace. The attorneys for the state contended that Fred Wolford had appeared and become a party to the case and had claimed the liquors, and therefore the court had the power over him to render judgment ordering the liquors destroyed; that the proceedings were against the property, not against the person, the property itself being the offender and therefore could be destroyed if found by the court to have been kept and used unlawfully; that the law was constitutional; that whether the writ was read to John Wolford or Fred Wolford made no difference because Fred Wolford has made himself a party to the case; that the property was in the custody or possession of the justice court and therefore could not be taken from it by any wrongful act of the officer; and that the court had power to destroy the liquors in the first instance. The court sustained the position and contentions of the attorneys for the state and refused to quash' the search warrant, refused to dismiss and end the proceedings, and refused to turn the property over to Mr. Wolford. This is a complete victory for the temperance forces, and now Mr. Wolford will be obliged to go to trial, when, if it be proven that he ran a blind tiger at his building opposite the depot, then the court will order the liquors destroyed. Steps will be taken later against the Wolfords under the provision of the law for fine and imprisonment, and if they or any of them be found guilty they will not only have to pay a fine, but will be sentenced to a term in the county jail for a few months. Our citizens are jubilant over the result and feel much encouraged. They have feared that the long delay in the matter indicated that the case would be dropped, but now believe that it will go on as rapidly as possible. The trial for the destruction of the liquors will doubtless be held at the next term which begins on Sept. 21. All the legal questions tried| by Judge Bernetha in the circuit court were argued out by the same attorneys before Justice Voreis who ruled on them just as Judge Bernetha did, and George is elated over the fact that his judgment has been upheld by the higher court. The justice dooket shows that it was the longest. and hardest case ever tried in a justice, court here. -- Citizen Jun 4, 1908


1908 - Dec 10 - Wolford Blind Tiger Case -
    In the blind tiger case tried at Culver before Justice Voreis last summer and in which the liquors seized were ordered destroyed, Fred Wolford has files an affidavit in the court at Plymouth to which the case was appealed for a change of venue from Judge Bernetha.

    On Monday afternoon Judfe Berentha assigned the case to Hon. Enoch Myers of Rochester as special judge.

    Probably the case will be tried sometine during the present term of court.

    A very determined fight has been waged inthe case and when tried before Justice Voreis created a good deal of interest in the community,and the case at that time was heard by a large number of citizens of the township, it being the largest attended trial ever held here.

    When the case is tried at Plymouth there will likely be a large nu,ber of our people present as witnesses to testify.


1908 - Dec 24 - The case against Fred Wolford for conducting a blind tiger in Culver, which has been hanging fire over a year, will be tried at Plymouth Dec. 31

1909 - Jan 7 - Wolford Case Postponed -
    The Wolford liquor case, which has been pending in the circuit court for more than a yeasr, has been postponed to the February term on account of Special Judge ENoch Myers of Rochester being unable to get here. The people of Union township are getting extremly anxious for this case to come to trial. - Plymouth Ind.


1910 - Jan 6 - Liquor Found "Guilty"
    Stock of Contraband Booze in Culver Ordered Destroyed

    After many vicuissitudes and a cold storage litigation of morn than two years, it has been decided that John Wolford's stock of beer and whiskey captured in the raid on his blinf tiger and which since September 1907 has lain in th Culver calaboose, was legally confiscated and belongs to the state

    The case was docketed against Fred Wolford, a son of John, as the nominal owner.

    Wolford replieved the goods, and for one cause and another the suit had dragged along.

    On Friday Judge Enoch Myers of Rochester heard the case. Fred Wolford was not present. A jury was waived and the evidence was submitted to the court who decided that the ownership of the wet goods was in the state, and otffered their destruction


1910 - Dec 8 - Alive at Great Age.
    The replevin suit of Fred Wolford against the town of Culver to recover the value of liquors taken from the Woldord restaurant is set for trial in the circuit court on Jan. 3

    The goods were confiscated in 1907 and judgement was rendered by Justice Boreis declaring the town's possession valid.

    The suit was appealed and for resons best known to the attorneys has been delayed in its progess through the court.