The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-02-03
LEaARE GOES FREE.
The Jury Aoquits the Lawyer of Con-
stable Gaillard's Charges.

Charleston, S. c., Feb. 2.-The Tillman
whisky constabulary ceased their looting
Cfprivate residences and stores to-day, and
devoted the entire day to the vain effort
of trying to convict Lawyer George S. Le-
gare for responding to call from his
client while the latter was being raided
by the spies. The trial was by jury, and
before Justice Bennett, and the official
whom Gov. Tillman threatens to remove
for convicting Whisky Spy Elliott.
The court room was literally packed
with interested spectators. About a
dozen constahles we're present and police
men were stationed all about the build
ing. There was not the slightest sign of
any disorder. The crowd was quiet and
orderly.
The state proposed to prove violation Of
section 30 of the dispensary act. The
section makes II misdemeanor to abuse,
obstruct, interfere with, or resist o state
constable, and the penalty is 500 fine or
thirty days in Jail.
Chief Constable Gaillard putup dozen
witnesses, the first being Police Lieut..
tordham. He was asked by Constable
Gaillard TO arrest MIR. Legare and replied;
You are In charge here. you arrest him /;
put your hand on him and will take him
into custody" Chief Constable Galliard
arrested Mr.. Legare and turned him over
to the witness. The witness was not
aware of any overt act committed by MIR.
Legare. Mr. Legare mace no resistance
whatever to arrest.
ANOTHER PoLIoEMAN's STORY.
Oficer Powers, of the police force, tes-
titled that he was on duty in the street
at the time in question and saw Mr.. Le-
gare enter the premises. Mr. Jordan
opened the dooT and called him in.
Chief Constable Gaillard was put upon
the stand and testified that he was in
charge of the raid on Jordan's place. MIR.
Legare came up to him while he was at
the door and asked him TO lot him come
in. He was refused admission and asked
TO go away. The witness went in the
store, and in few minutes Mr.. Legare
entered and refused TO leave unless ar
rested. The witness knew that Mr.. Le-
gare was Jordan'S lawyer, and that he
had sent for him. Mr.. Legare, he said,
had been sent for. 81 heard MIR. Jordan
telling a boy to go for him"
When cross-examined, Constable Gail
lard said that there was no disturbance.
Everything was done quietly. No liquor
was found.
All the other spies corroborated this
story.
The defendent put up no evidence
WudboNGIs EDtudlOT a. L. WnO
represented the defense, said to begin
with, that section 80 was bungle, and
did not express what was evidently In
tended for IL to express. From reading
the section IL would seem that for Inter
ference and "o6structing," or a resist
ence' man could be convicted and sen /
to jail perhaps, but nothing
else He did not wish TO
press that point, however, but opened
on the fact that the law does not give
any constable in any cause a right to en-
ter and take possession, and forbidding
the owner Of house or store from en-
tering or going out. The constable has
the right to enter with proper warrant
and search for such things as their war
rant specifies in specified manner. No
where is there right given to close
the doors and forbid the proprietor or his
agent, attorney or friends to come
and go at will. 1--WE are not required
under the dispensary law, or any other,
to let men invade our homes, shut US out
side and search for what they deem use
full and carry of what they may"
The jury in five minutes returned aver
dict of not guilty.
1t is expected that the raiding will be
resumed tomorrow.