Great Uncle Orville's Bootlegging Charge

Was my husband's great uncle Orville J. Steiner (1856-1936) guilty of bootlegging? Orville was the only brother of hubby's grandma Floyda Mabel Steiner McClure (1878-1948). 

Every year, I rotate newspaper subscriptions and plug in ancestors' names, looking for news stories. Most of the time, I find social items. This time, when I researched Orville, I found a surprising legal charge and a surprising outcome to the case.

Charged with bootlegging, fined $50

The Marion (Ohio) Daily Star newspaper of December 31, 1908 reported that Orville Steiner and two other men were being charged with bootlegging, selling alcohol in violation of temperance laws in the "dry" area. 

The men were arrested after a "prosecuting witness" named Drell Blue filed affidavits about the liquor purchases. Blue appeared in court with a detective from the Law & Order League, a group advocating for decency and enforcement of laws related to liquor, vice, and other activities (see this brief summary from Chicago). The reporter said this was a long, tedious, and "uninteresting" trial.

In January 9, 1909, the paper reported that the mayor had found Orville guilty of "selling intoxicating liquors" and fined him $50 plus court costs. 

What happened to the whisky? 

In the Marion (Ohio) Daily Star issue of January 29, 1909, a longer story explained the background of the case. "Prosecuting witness" Drell Blue said he bought two half-pints of whisky from Orville. However, Blue would not tell what he did with the whisky, fearful of incriminating himself. 

The witness's refusal to say what happened to the whisky put the entire legal proceeding into doubt. As a result, the judge reversed the mayor's guilty finding and threw out the $50 fine levied on Orville.

That was the last newspaper mention of bootlegging for this ancestor. In the eyes of the court, great uncle Orville Steiner was not a bootlegger--at least not in 1908-9.

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Crime and punishment is the #52Ancestors blogging prompt for this week.