The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1883-12-07
A LOCAL OPTION CASE,
STATE VS.. JOSEPH MACIkIN.
THE GINGER THAT INTOXICATETH
VERDICT GUILTY."


iLIs i'lDI ~ - L
The Case to DO to- the Court of Appeals.
The first trial in court under the Hartford
county local option law began on Tuesday. 1t
was the case of Joseph Mackin, indicted for sell
ing a pint of whisky to John f. Evans, in
Havre de Grace. The indictment had been
drawn with the greatest care by the States At
| toIIcy, with view to meet all the objections
that might be raised against it.
Mickin's counsel, Mcssra. Stump, William
| Young and Hopkins, first made Il general de.
murer to the indictment.
Tie demurrer argued by Col. Stump, who
| said that the indictment should have alleged and
| should have shown ailirmutivcy that the law
| had been adopted by the people, othsrwisc it
| mus fail it being wcll-estabishcd principle
| in law that what Is necessary TO be proved un-
der an indictment must first be alleged therein.
| Tle State was represented by States Attor-
ney Maynadier VIM. NJ. Marine, Esq, and Hon.
| Henry W. Archer, the latter making the argu-
| ment before the court to set aside the demur
| rel.
| Mr.. Archer argued that it was not necessary
| to alege in the indictment the adoption of the
| Law by the people that the 4th section absolute
| y prohibited the sale of liquor in Hartford
county, without any condition whatever, and
the,s the act casts the burden of proof upon the
| defence to show that it had not been adopted.
Judge Walters held the matter under advise
ment lHGlAW ednesday morning, when he over
| ruled hurrer. He said that Chapter % of
the Ace &hc General Assembly of Maryland
is an act to enab lie the qualified voters of Hartford
county 10 determine whether or not mtoXicut-
ing liquors shall be sold in said county. The
first thpc sections prescribe the manner in
which the question is to be submitted and the
result ascerancd The remaining sections are
intended to carry into effect the result ascertain
ed in accordance with the preceding sections.
Whether these sections are or are not the law in
Hartford county depends upon the contingency
mentioned in the preceding sections. Being II
public local law, it is not necessary 10 set it forth
at length in the Indictment, neither is il Ecccs-
sary to set forth all the facts which conditions
precedent 10 the law taking effect. If the see
tions referred to are the law as to this county,
then the acts charged are clearly against their
provisions. The indictment stating that the
act alleged was against the statute, &c, was
sufficient.
Exceptions were filed to the everything of the
demurrer and special demurrer was also over
ruled.
Special pleas, ten in number, were then offer
cd by the defence
The first plea AYERS that ii was not a general
election at which the law was voted upon; that
no return was made by the Judges of any vote
as provided in the act that no proclamation
was made of the result of said election by the
Clerk Of the Circuit Court of said Hartford coun-
ty, as required by the act.
The second plea states that no general cleo
tior was held 1T the time and in the manner re-
| quired by the act
The third plea was ruled out ON demurrer.
The fourth plea is that no return was made
| by the Judges of election to the Clerk of the
! Circuit Court of Hartford county, as provided in
| said act.
| The fifth plea was that no proclamation was
| made by the Clerk of the Circuit Court of llar-
| forl county.
/ The sixth that there is no such officer known
| to he law us the Clerk of the Circuit Court of
| Ha ford County.
The seventh, that the traverser has before
been convicted of the same offence.
| The eighth out on demurrer.
| The ninth was that the act is not Il public
| local law oflarford county
| The tenth, not guilty.
Argument for the pleas was made by Mr..
Young and against them by Mr. Archer.
| Jadge Waters overruled the demurrer as to
| the LIST, I'd, 4th and 9th pleas, and sustained it
as to the remainder.
The following jurymen were then empannel-
| led 10 try the case:
| |. Newton Scarborough, Alonzo Jarrett, Cor
| bin NJ. Grafton, Wn. d. Osborn, VIM. II. Car
roll, Michael j. Wheeler, Cyrus A. Courtney,
VIM. Ayres, K. Stump smith, Charles Steele,
Charles Mycr and Daniel Smith.
Capt. A. Lingan Jarrett, Clerk of Court his
| deputy, Mr.. j. X. Ely, and Mr.. Geo. X. Cairnes,
late Clerk to the County Commissioners, testifl-
| ed for the State that the returns had been made
| to the Clerks office, the proclamation made,
| and that the returns were signed by the Chief
Judges in the several precincts. Court then adj
| jOurued until thursday.
| On Thursday morning, when court reassem-
| bled, Mr.. John L. Spcer testified that he signed
| the returns of the election with the other
| judges.
| The prosecuting witness was John +. Evans,
who testified that Mackin sells tobacco, segars
and drinks opposite the freight depot, Havre
| de Grace. In October, 1888, the witness went
| into Mackin's place and asked for whisky.
| Mackin told him he did not sell whisky but sold
ginger. Witness put an empty pint bottle on
| table in Mackin's parlor and laid half dollar
| beside il. He then walked out into the yard.
| When he returned the bottle was filed and he
| put it in his pocket.
| Mr. Marine, for the State, asked the witness
whether or not he knew Mackin was in the
| habit of selling 'ginger" there. The question
was objected TO by the defence
The Court held that The State could prove
that what Mackin sold as ginger was really
whisky.
Mr. Marine-I want to prove that this house is
standing nuisance in the city of Havre de
Grace, and that intoxicating liquors are sold
openly, the same as if allowed by law.
Mr. Archer said that the testimony of the
witness disclosed an attempt of the traverser to
evade the law by selling whisky under the name
of ginger. The testimony, he thought, was ad,
missable for the purpose of showing that "gin-
ger' is whisky.
Mr.. Young for the defence said that this was
an attempt TO get in the declarations of Others
as evidence, which is not evidence.
Judge Waters, TO witness. "What was the
;nt,n s.nf IN. hat hntt hiplyN pn