This is taken from a copy of a search warrant served to the home of my Great Great Grandfather, William Zachary. The search was conducted at 1209 Hazel Street, a home rented by William Zachary and his family in Muncie, Indiana. The search was conducted on May 17, 1930 and bore William’s name as the person believed to be in the possession of intoxicating liquors in violation of Prohibition. At 9:30PM that night Muncie Police officers found what remained of a half pint of red whiskey in Zachary’s backyard.
But this court records come from the trial of another man, John Simpson, a house cleaner who rented a room from Zachary and his family. According to Captain of Police, Frank Bennington’s affidavit given on May 19th, during the execution of the search warrant for Zachary’s property Simpson “did then and there unlawfully appear in a state of intoxication”. On May 27th, Simpson plead not guilty. On June 4th, he was bailed out by Essie Belle Hammel.
Simpson issued a motion to surpress evidence on November 25th. Explaining that his rented room was not searched and nothing was recovered from his possession during the search on Zachary’s leased property. He also claimed that for the evidence to be used against him would be a violation of his constitutional rights, and therefore that was illegally obtained and could not be used against him.
On November 26th, summons were ordered for the following list of men: Bryan Willis, Spence Zachary, Stokie Zachary, and Thomas C. Oland, the landlord and owner of the home. Stokie & Spence were affectionately referred to by family as Stokie & Pokie. Were the sons of William Zachary and his wife Oda, also in the home were older sister Dora, and younger brother Eddie. Stokie may not have been living with his family at that time.
John Simpson was declared not guilty for violating prohibition by a jury at an unknown date. Although the original warrant bore William Zachary’s name, he was never prosecuted in this case or any others involving alcohol in Muncie.
Resurrecting Memories 