The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1889-03-08
The Eg,is & Intelligencer
Bel Air, Md, March S, 1859.
COURT PROCEEDINGs.
OLD WHISKY CASES ouAsHED.

OLD WHISKY CASES QuAsHED.
On Friday morning the cases Of Peter AcGiD-
Miss and Henry Campbell indicted at the last
November term OF court for violating the local
option law, were called. Counsel for the de-
fence moved to quash the indictments, for the
reason that the amended local option law, which
went into effect Dec. lat, 1883, provided that
The new law should not affect prosecutions
uendipg under the previous law, which were to
be tried as II the new law were not in exist
ence. Mr.. Poe, in codifying the laws, omitted
This section. The old law being repealed and
there being nothing in the new law forbidding
the sale of liquor before the 1st Of December,
1883. the motion 10 quash was sustained by
Judge Waters. This decision affects every un-
settled case under the old law and virtually
wipes them all from the court docket. 1t Is held
that the new law, as 1t was passed by the Leg
stature, is unconstitutional in the point refer
red to, from the fact that no old law can be re-
vived BY reference only to its title. This point,
however, was not urged by Messrs. Young and
Maynsdier, the indictments being quashed on
tue other ground named
BILL CUTTINGS NOT GUILTY.
On the lst instant VIM. Cuttings, colored, Of
Bel Air, was tried on the charge OF violating
the local option law. Matthew Brady, the states
witness, testified that he gave Cuttings % cents
and bottle, and asked him to get some whs-
XIV. He got 1t, but the witness did not know
where, aud they drank it together. States At
iorney Webster claim that the law forblds
any one TO solicit receive an order for intoxi-
eating drink. Counsel for the accused argued
that Cuttings had not received an order, in vio-
lation OF the law, made no profit on the trans
action and merely waited on the States
witness and got the whisky for him. Yer
dict not guilty. Maynadier for defence.
MAJOR BURRILL FOUND GUILTY.
The case of the State VS.. Daniel X. Burrl,
of Bel Afr charged with resisting an officer in
discharge of his duty, came next.
Sheriff Hughes testified that he went into Bur
rill's place with warrants for the arrest of Bur
rill and his barkeeper, VIM. Harrison. Calling
Harrison from behind the bar he told him lie
was his prisoner. Burrill ran between them,
pushed the sheriff away and told Harrison TO
;'git" The latter took the advice and darted
out of the room. The Sheriff then arrested
Burrill, who first demanded to see his authority.
The capias was read TO him and after some re-
distance he went with the Sheriff into court,
where he gave bail for his appearance.
Daniel 4. Lynch, for the defence, testified that
he was present when Sheriff Hughes called Har-
rison from behind the bar. The latter walked
past the Sheriff towards Burrill, to whom he
said something, and then went out into the din.
ing room. Major Burril then told the Sheriff
he had no business In there. The Sheriff said 81
want you,' and after reading the warrant the
arrest was made.
Being cross examined by Mr. Webster the wit
ness said this occurred in the club-room, two
rooms of the house being used by the club
Nome but members, he had understood, were
allowed in the small room where witness and
Others were. He did not know who keeps the
books Of the club and only knows the officers
from the charter in the Clerks Office
Never saw them act in any official capacity.
Major Burrill testified that he did not refuse
to go with the Sheriff, but when he got out into
the street he threw the Sherff's hands off. Har-
rison he said, had not been in his employ since
the LIST of January. The club rents three rooms
in his house.
Verdict Guilty" Webster for the State,
Young, Maynadier and Cooley for defence.
THIRTY DAYS IN JAIL.
a. IF do
who was indicted for carrying concealed wea
non, plead guilty and was sentenced to jail for
30 days. In imposing this sentence Judge Wat
ters said this was the first indictment here
under this law, which is a most excellent one
and ought to be vigorously enforced. The prac-
tice of carrying pistols and raZors Is too com
mon and the offence ought to be brought to |
the attention of the Grand Jury and punished.
This very case shows the importance OF the law.
You were before tried for shooting woman, |
and the jury, probably, were right in acquttng
you, because the shooting was accidental, but
1t would not have occurred If you had not car
Iied pistol.
THEY JOINED THE CLUB AND GOT DRINK.
The case of Daniel r. Burrill, charged with |
selling liquor in Bel Air to George X. Coe, came
up next, the alleged offence having been com |
mitted on the llth Of last February. The fol-
lowing Jury was sworn: K. II. ID. Pue, Andrew |
Torbert, James f. Neal George Myers, Win |
field l.. Baker, William Dalton, Samuel Deets,
Winfield Is. Harris, Luther e. Henderson, Geo.
A. Creyeusten, William Durham and Robert d.
Orr.
George X. Coe testified that he does not know
whether Burrill keeps public house or not
On the 18th of February was in Burrilfs aud
asked him if he could get anything to drink !
Burrill enqulred If witness belonged to the
club. Witness replied mo" Burrll told him |
he could get nothing unless he belonged to the
club. Witness went into little room, sign |
ed some papers and then got drink and paid |
for 1t. Suppose 1t was whisky. 1t was an in |
toxicating drink. He did not get the whisky |
from Burrill but from the bartender and paid |
the latter.
Levi Smith testified he was with MIR. Coe in |
Burrl's and got something which he drank for |
whisky. He was told by Mr.. Coe that he could |
get nothing to drink unless he joined the club. |
lie signed ticket and got q drink.
Edwin L. Sawyer was called by the State, |
but before he was sworn, Mr.. Young, counsel |
for the defence, objected to the introduction Of |
the bylaws of the club.
States Attorney Webster then demanded the |
production of the tickets signed by Coe aud |
Saith. Counsel for the defence admitted that
Coe and Smith were not members Of the club.
States Attorney Webster waived his opening |
statement. Mr. Young argued that his client
had violated no law. 1t was admitted that he |
rented house from Mr.. Loane, OF Baltimore,
and sub-rented three rooms to club. He merely |
told Coo aud Smith they could get whisky by |
Joining the club; that Coe was not served by |
Burrill and paid no money to him. If they had
not Joined the club the man from whom they |
got the whisky is liable.
The States Attorney argued that 1t was sd
mitted that Burrill Is proprietor OF the place, |
and the evidence is fiat that the witnesses bought
tue whisky in Burrlll's house, drank it and paid
for 1t In his presence. 1t WAS no difference |
whether Burril took the money not. The |
transaction was done in his public house and
by his assistance.
The case was then given to the jury, who staid
out all night to think over it.
THE JURY STORM STAID.
The severe storm caused forced recess OF
court en- Monday. Judge Waters braved the |
storm and was in his place, but when the jury |
In the Burrill case was called only six OF them
answered. Another came In towards the middle
of the day. The jury, who had been out from
halfpast twelve Saturday until Sunday morn
Ing, had a sealed verdict. 1t was suggested
that 1t could be taken by consent, but the
States Attorney objected and as but few wit
nesses In other cases were in attendance moth.
Ing could be done.
TWO LIQUOR CASES ABANDONED.
In two cases against Frank Murphy, of Havre
de Grace, for selling whisky to minors States
Attorney Webster consented TO a nolle prose-
qui, which amounts to an abandonment of the
cases. Mr.. Hopkins was for the defence
MAJOR BURRILL NOT GUILTY.
On Tuesday one OF the panel in the Burrill
case was still absent but the sealed verdict was
taken by consent. 1t was mot guilty"
TRIED FOR MURDER.
Henry Tildon, Jr., colored, was arraigned on
the charge Of murder, for shooting with gun
and killing VIM. Lee, Jr., colored, in Bush
River Neck, on the Goth OF last January.
Through his counsel, Mr.. VIM. Young, he
plead not guilty. The trial could not proceed,
however, because OF the absence of witnesses.
MAJOR BURRILL AGAIN TRIED.
While waiting, the case ofthe State VS.. Daniel
r. Burrill for selling whisky in Bel Air TO Johh
y. Quinn, was taken up. The jury selected con-
sisted of Wm Scarf, Andrew Torbert, Matthew
Cain, Jas. F. Neal, VIM: B: Hopkins, E. Il. d.
Pue, Samuel Deets, w. b, Harris, z. Granville
Hughes, Jacob w. Hotfecker, Robert II. Smith,
VIM. Durham.
The States witness testified that he got half q
pint OF whisky In Burrill's house, about the 9TH
of last January. Did not get the whisky from
Burrll or pay him for 1t. Did not see him. Bur-
rill keeps boarding house. Got the whisky
In room adjoining tue old bar room. Witness
said he Is a member of the club and was told
that was the club room. Signed an application
for membership the day he got the whisky and
was told lie was entitled toget what he wanted
Ia sk.,. H.