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The Spokesman-Review Newspaper
Spokane, Washington  Est. May 19, 1883

100 years ago in Eastern Washington: A trial was underway for the Prohibition-era sheriff accused of rumrunning

 (Spokane Daily Chronicle archives)
By Jim Kershner The Spokesman-Review

More damaging testimony came in the federal trial in which Ferry County Sheriff Thomas Barker and several other defendants were charged with conspiracy to violate Prohibition laws.

A Republic, Washington, railway agent testified that Barker interviewed him about booze shipments from Canada by rail – but not to thwart such shipments. Instead, the sheriff quizzed him about the possibility of shipping trunks of booze over the border “without discovery by customs officials.”

“He (Barker) then told me that in a few days some men might be around with some trunks to check, and that they might pay me $20 or so for checking them,” the rail agent said. “I asked him if the trunks would contain liquor, and Barker said, ‘They might.’ ”

The agent said he did, in fact, check some trunks and was paid $25. The agent was also arrested later for conspiracy, but was not on trial with the other defendants.

Defense lawyers accused the agent of testifying against their clients in exchange for immunity. The agent said he was not promised anything, but he “hoped nothing would come of the charges against him.”

From the court beat: The judge in George Ballinger’s second-degree murder trial issued some surprising instructions to the jury.

He said that if the jury found Ballinger had gone to the hotel room of Walter Icks, the victim, because he had reason to believe that Ballinger’s wife was there “for an improper purpose,” then Ballinger would have the right to go there for “ascertaining the actual situation.” Furthermore, if Ballinger believed that it was necessary to arm himself for his own protection, “then he would be in his rights in arming himself.”

Ballinger shot Icks to death after going to his room, but claimed the gun went off accidentally during the ensuing scuffle.

The case was in the hands of the jury.