The morning news., 1894-02-09
A DEFEAT FOR The SPIES.
BaTkeepeT Marks, Of Charleston, lC-
Quilted.

The Constables Failed TO Show Any
/ Warrant for Raiding the salOon-The
( Fact That They Wore Their Badges
/ on ths Outside Of Their Coats Cut No
Figure.
+ Charleston. s. C., Feb. s.-Section 80
+ Of the new dispensary law got a black
. eve il the courts today when a jury Of
six respectable and representative citi-
zens Of Charleston returned a verdict OF
not guilty in an indictment against
Thomas Marks. q bar keeper in Fred Nc
kay's saloon, for resisting and interfer-
ring twith the whisky constabIes who
raided the place last week. a careful
reading Of the curious section under
which the prosecution took place IS in
teresting. Here it is:
Section 80. That any interference By any
person with strlction or resistance OF, or
abusive lang age 70 any O1icer or person in
the dis harge 0f the duties herein eulOined-
or the use Of abusive language by any sch
oEcer- or person. 70 any other person or per
sons. shall. upon conviction be deemed guilty
Of a mi-dsmeanor ana be punished 1y a fine
% not more than 500 or Re imprisoned for
The term Of not more than thirty days.
The case was called for trial at 10 a
spectators. George Legare appeared as
counsel for Marks, and " Gibbes Whaley
appeared for the COnstab bulary.
THE CoSsIABLE's STORY.
Constable Pepper was the first witness,
and be stated that on the occasion re-
ferred 70 be went with a nun Der Of other
constab bles TO McKay's, armed with a
warrant 70 search for contraband liquor
On entering Mckay's place the defendant
made objection. The witness STAYED in
front OF a partition, and heard loud talk
ing The warrant was not read, ''as
had no time"
Constable Cain said that he went
through the doorway and was met by
Marks, who said: ''You can't come in
here" He passed the defendant and
went away. Marks got between him and
the counter and tried to prevent his going
there, but he went anyway. Marks came
at him and he drew pistol and caught
Marks by one wrist. When cross-exam-
ined he said that ne had two pistols and
drew one
Mr.. Legare asked: "HOw many other
spies were in the stOre2"
Justice Burnett suggested that the
name constables was more appropriate.
MIR. Legare-Unless your honor over
rules il, insist upon my question
The Witness-Weu there were about
eight or nine others there
Did they draw their pistolsl"
Yes"
GRABBED MARKS BY THE WRISTS.
Constable Livingston swore that Marks
tried TO stop him, and that he grabbed
him (Marksj by the wrists and held him
until Mr.. Gsillard came in and said that
would do. No liquor was found on the
premises. He heard no warrant read.
Chief Gaillard said that the men all had
their badges on the outside of their coats
when they went to McKayis. He ar
rested Marks and sent him to the police
station.
Mr.. Legare announced that the defense
would not put up any witnesses.
Mr.. Whaley made a brief argument
setting forth the right of constables to
enter and search without a warrant He
dwelt upon the statement of Chief Gail
lard that the constables had their badges
displayed conspicuously.
The defense occupied the court for fif-
teen minutes, in which MIR. Legare re-
hearsed the evidence TO show that no no.
tice was given that the intruders were
state constables and no warrant was
served or read.
Justice Burnett charged the Jury to
that the prisoner be given the benefit Of
the doubt as TO whether or not he meant
TO resist the officers.
The jury was out about three minutes
and returned with a verdict of mot
guilty"
The audience applauded.