The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1894-01-10
Manning's First Whiskey Trial
Under the Dispensary Law.

trial under the dispenSary law, ant
the result was a victory for the sight
less tiger. In the language OF anotnel
Who was present and heard the eVl
tdence it was a victory over law.
Upon information and belief Mr.. 5. A
Nettles made the affidavit charging
| Jake Plowden, colored, With selling
whiskey on the Goth day Of December
: last. and named in the affidavit I: 4
, johnson and II. L. Tobias, both white
t as witnesses. Trial Justice Timmons
issued the warrant and Plowden was
arrested last Friday. The trial was
set for the next day at twelve O'Clock
but when the hour arrived the witness
ses had not come in and the case was
: set for six O'Clock in the evening. This
: being the first case considerable inter
est was manifested, especially
among the coored people, the
court house yard was full OF them
all day. and when evening came one
side of the court room was packed:
There was also present number OF
white men. Considerable difficulty
was had to obtain q jury, and this de-
Elayed the proceedings. Finally a jury
was secured composed OF Messrs. 2. B.
| Mouzon, foreman, +. B. Gamble. &.
w. Mccall, Alfred Dyson. Ashby Bell, T,
land W. I. Lesesne. 3, Pressly Bar
ron, ESQ. and 4. Levi, Esq, represent
ed the accused. At the outset Mr..
Barron objected to the trial of the de-
tfendant by q jury OF six, claiming as a
constitutional right that twelve men
must compose a jury. This motion
was over-ruled. He also made a mo-
tion to quash the indictment on the
ground of there being no charge,
claiming that an affidavit on informa-
ton without giving the source OF that
information was no charge. This mo-
ton was also oyerruled, and the case
proceeded.
The first witness was II. L. Tobias
He swore positively that on the Goth
| day Of December last he bought from
Jake Tiowdeu q half-pInt OF corn WhIS-
key, and paid twenty-five cents for it.
That r. &. Johnson was present and
saw the purchase made. The trans
action took place in Manning in Leah
Princes restaurant He also produc-
| ed half pint flask with the dispen-
sary label upon it. The flask was
three fourths full. He said that
| Plowden filled the flask from a quart
bottle.
Upon cross examination he reiterat-
ed the transaction, and acknowledged
under the questioning OF Mr.. Barron
that he had taken several drinks of
other liquor he had on that day.
He said ;hc liquor in question
Was in his possession ever since and
that be had never mentioned any
thing about buying the liquor to any
| one until after he was brought up as
witness. His manner showed evil
dence of trying to conceal the man
that gave the information. which was
the basis of the prosecution. This
effort had the effect OF weakening his
testimony, and the attorneys for the
defense lost no time to make the most
Of it.
T. A. Johnson was the other witness
and his testimony was brief and posi-
tive. He swore that he was present
on the 26th day Of December last and
saw Plowden sell Tobias Il half pint
of LIQUOR, that the stuff was poured
out Of quart bottle into half pint
flask and saw Tobias pay Plowden
twenty-five cents for it. This was the
testimony for the State.
The defense put up no witnesses
and Solicitor Wilson representing the
State at the request Of the prosecutor
and the board OF control went to tine
Jury. His speech covered the testi-
mony clearly and be appealed to the
Jury to not allow prejudice to sway
them, they had an oath-bound duty to
perform and as good citizens they
| should perform that duty whether
they approved OF the law or net. The
argument for the defense was opened
by Mr.. Levi, He studlously
avoided calling the attention Of
the jury TO Mr.. Johnson's testl-
mony, but laid considerable stress to
the apparent inconsistent statement
Of Tobias. and when he said that he
believed Tobias lied, the negroes in
the audience broke out with 4 demon
stration Of delight which caused the
Trial Justice to order his constable to
go among the audience with instruc-
tions if the demonstrate was
repeated to bring the offenders to him
for punishment.
At the conclusion OF Mr.. Lewis ar
gument Mr.. Barron made the closing
speech. He also left Mr.. Johnson's
positive statement in the cold and fed
the jury with dish Of eloquence that
was seasoned with what he termed the
inconsist statement Of Tobias, and the
lack Of alcohol in the flask.
At the conclusion OF the arguments
the Trial Justice charged the jury with
the law and told them that the Official
act twas not before him but the law
published in pamphlet form which he
read from, was the law The jury re-
tired and after being out some little
time returned with q verdict OF not
guilty.
When the verdict was announced
the negroes in the court room broke
out with q round OF applause. The
cheering continued until the crowd
got into the street.
To say the least Of it the scene was
most disgraceful one and We would
suggest that the trial justice
in the future preserve more
order in his court. Jake Plow-
den entered the court house q weak
and trembling creature, but when he
left it, he was hero not considered
so alone by the ignorant rabble, but
the approving smiles OF some White
men who are opposed to the dlspen-
sary on account OF politics gave this
gave this man every reason to believe
his having scored a victory in
VlOlauDT one OF the otdle iaWS tuu
defeating the objects Of the prosecu-
ton.
Some peope may be under the I'M
preston that juries in Manning will
not convict for violations OF the dis
pensary law, but they will find them
selves mistaken and that as soon as
the very next haul is made. There
are some men in this town that op-
pose the law from a political stand
point and otherwise, but at the same
time they are law-abiding citizens and
ifproper evidence is placed before them
we had as soon see them on jury as
the most ardent supporters of the law.
! Violators Of law don't beguiie your
selves into believing that convictions
will fail because the State failed last
Saturday night. The next case may
j l. q