The Brookhaven leader., 1890-12-25
Liquor in Original Packages.


~ The May term Of the Lincoln
county GTcuit Court Martin RodweH
aud Van Martin, druggists Of Bogue
thi'tn, were indicted by the grand
inry f"r viafasing the local option law
hy selling an Intoxicating compound
manufactured by Warn Fleet &
TO. - Memphis, Tennessee,
called genseng and ginger. w the
Circuit Court last Thursday Rodwen
was arraignrd and tried on one 6f
These indictments. II was proved
that the gcnscng and ginger would
produce intoxication, alcohol being
one of its prime constituents, and
that while ostensibly sold urier the
guise of medicine, it was bought
and used az beverage, 40 that, as
far ~ the local option law was con-
errDed, the State had no trouble in
Hmking ont it's case.
Rodwtl, however, among other
things, plead in defense what is known
as the Original package" decision of
the 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
hounds. On this point, Judge Case
dy, defendants astute counsel, recur-
eel 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 intoxicat-
ing AMI WAS in part composed of eth
GER vinons or spirituous liqnors, still.
ii the jury further believe from the
evidence, that the article or compound
so sold was imported from the State
of Tennessee and sold as an original
package, just as it was received bv
the purchaser 1.-THE defendant), then
there WAS no violation of the law of
this State and the jury should acquit
the defendant.
I The Court further imstructs the inry
for the defendant. that by the term
Original package" as used in other
instructions IN this case is meant the
hottl" or vessel IN which the article or
compound sold and shipped from
foreign state WIS contained. And
though such vessels, bottles or other
: enclosure of such fluid or compound
I were cnrased in box or other en-
closure for the convenience of ship
mrnt, still such box. so enclosing the
bottle, would not be the original
package, but the bottles enclosed
therein containing the compound az
article would within the meaning of
the law he the original package
Hence, il the jury believe from the
evidence i'll this case that the defend
ant sold Intoxicating liquors or bit
! tiers in the original package, as herein
defined, which had been purchased
Ivy him in the State of Tennessee and
from thence shipped tn him in the
course of trade and commerce he.
! tween the two States of Tennessee
4and Mississippi, then he would not be
guilty of violating any law in this
State against the sale of Intoxicating
I liquors or bittcrs or other drinks
which if drank to excess would pro-
ducc intoxicatiOn. And if the evil
dence in the case shows that only
such compounds or articles were sold
as above defined, then the jury should
return verdict of not guilty.
/ When these instructions were given
by Judge Chrisman, District Attorney
McLain, who had prosectcl the case
with great energy and was confident
of recurring Il conviction, surrendered
and consented to have the jury further
guilty"
subsequently he had mol. pros.
entered as to the two remaining in
dictmcnts against Rodwcll, aud also
to the ones against Van Martin.
Since court adjourned Judge Chris
mans attention was called to a new
decision of the Supreme Court of AL
ALBANIA, which held that not the sealed
bottles but the box or cases i'm 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 Bogue Chit
To druggists made Il very. narrow
escape.
We rejoice in the Alliance move !