The Brookhaven leader., 1890-12-18
Liauor in Original Packages.

i Liquor in Original Packages.
At the May term of the Lincoln
eonsty Circuit Court Martin Rodwell
and Van Martin, druggists of Bogue
Chiuo.- were Indicted by the grand
iufy for violating the local option law
by selling an intoxicating compound
manufactured by Van Fleet Il
Co. of Memphis, Tennessee,
called genseng and ginger. In the
Circuit Court last Thursday Rodwell
| was arraigncd and tried on one of
these indictments. 1t was proved
shat che Senseng and ginger would
4 produce intOXicatiOn, alcohal being
"ite at its prime constituents, and
shat while ostensibly sold under the
guise of a medicine, it was bought
and used as beverage, so that, as
far as the local option law was con
cerned, the State had no trouble in
making out its case.
Rodwell, however, among other
things, plead in defense what is known
as the original package" decision of
ehe Supreme Court of the United
States, the sales of the compound for
which he was indicted having been
made subsequent to the delivery of
that decision and prior to the passage
OF the Wilson bill, restoring to the
State the exclusive right to regulate
the sale of intoxicants within their
bounds. On this point, Judge Case
dy, defendants astute counsel, recur-
ed from the Court the following in
structions:
The Court instructs the jury for the
defendant that though they may be-
lieve from the evidence that the ar
ticle or compound sold was iDtoxicat-
ing and Mas III part composed of eth
er vinous or spirituous liquors, still,
if the jury further believe from the
evidence, that the article or compound
so sold was imported from the State
of Tennessee and sold us an original
package, just as it was received by
the purchaser (the defendant), then
there WAS no violation of the law of
this State and the jury should acquit
the defendant.
The Court further instructs the Jury
for HE defendant, that by the ierla
"oriGinul package" as used in other
instructions in this ease H. mean! She
huttie or vessel in which tile article or
compound sold and shipped troM 4
foreign state WIS contained. And
though such vessels. bottles or other
enclosure of such fluid or compound |
were rrrascd in Il box or other en- |
closure for the convenience of ship |
ment, sill such box, so enclosing the .
bottle. would net be the original |
package. but the bottles enclosed .
therein containing the compound on
article would within the meaning of
the Law he the original package.
Hence, if the jury believe from the
evidence in this case that the defend
amt sold Intoxicating liquors or bit
ters in the original package. as herein
defined, which lIaG been purchased
by him III the State of Tennessee and
from thence shipped to him in the
course Of trade and commerce he.
tween the two States of Tennessee
and Mississippi, then he would not be
guilty of violating any law in this
State against the sale of Intoxicating |
liquors or bitters or other drinks |
which if drank to excess would pro-
duce intoXication. And if the evil |
dence i'll the case shows that only |
such compounds or articles were sold !
as above defined, then the jury should |
return a verdict Of not guilty.
When these instructions were given
by Judge Chrisman, District Attorney
McLain, who had prosected the case
with great energy and was confident |
of recurring a conviction, surrendered |
and consented to have the jury further
instructed to return a verdict of "not !
guilty"
subsequently he had mol. pros.
entered as to the two remaining in
dictmcnts against Rodwell, and also
to the ones against Van Martin.
Since court adjourned Judge Chris
mans attention was called to new
decision of the Supreme Court of AL
ALBANIA, which held that not the sealed !
bottles but the box or cases in which |
they were packed, was the original
package which might be sold by the
importer, and he frankly admitted
that he believed he had made mis-
take and would decide otherwise
should the question again come before
him.
Thus it will be seen the Boguc Chit
to druggists made very narrow
escape.
W. l1.ioinn il IL. 4 ninl-.. ,...,u-L.