Whether I-I. I’rough Vrake a bottle of booze for the purpose of escaping arrest or whether lie accidentally ■smashed a bottle containing some cold coffee, is a ciues^on which will be submitted to a jury of six in* the district court this evening, when the evidence presented by the state and defense' is all in and arguments have been made «on both. The issue is lar,gei^ one of odor.According to DelKenison an'd L. C. Peterson of the Twin Falls- police force, they approached Prough at the counter at-the Perrine cafe, When he drew out a bottle and smashed; it, leaving a . strong odor of whiskey. P rough says that ,he came in to get a bite to eat and get a bottle ,filled-with coffee. He says When the police 'camd up he turned around, accidentally struck* the bottle against the coutcr and broke it and . the sirijaU amount of coffee ran out,’ .Jurorswere. selected.......before theverdict of the I^cUTejter case, and Prosecutor J. W. Taylor and Attorney 0. C. Hail for the defense agreed to• . i ' •try it with six, who arc'William Scott, F..D, Brown, D. PatrickrGdorge inSaviors, \y. Graham and F. S. Copple.*Copple. *The jury fbuiul Prough guilty on the first ballot this afternoon, at 2:45- o'clock. . r.