The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1895-06-12

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discfzrsipg clerk sax. these packages
aud turned them over toMr. Meltichamp.
The original way BILLS were from Au-
/ gusta.
Dr.. Pope then said hs thoughi that
the affidavit and testimony were sufi'-
cens for the binding over Of the parties
and asked that this be done
Com m issioner Mixson in the fac, OF
tae assurance, Of his attorney that the
property would be turned over, ssid
that he bad coun.ermanded the order
and that be would turn over the beer
coMPLAINANTs on ThE STAND.
Mr. Beck was placed ou the stand
after toe recess He testified ss 10 the
ordering of the beer. He said be had
not asked the commissioner to return
the liquor Assistant Attorney General
Townsend tried to make him answer a
question as to whether be had ever
hauled any coutraband liquor, but Dr.
Pope objected The question was not
answered, though Mr.. Beck said be
vas willing to do so.
Mr.. Muller was then examined. He
ordered some beer from Augusta last
Friday, from the Augusta Brewing
Company It arrived at the Southern
Railway depot op June 4'h. The beer
was seized. He sent for IT. The
WAGNER brought word back that it was
seized. went to see Mr.. Alixsson I
told him that they had barre! of beer
of mine, bought for private use. My
wife was sick aud I wanted it for her to
take as touio. He told me I'd have
to 60 before trial justice aud swear it
was for my own private use He said
he dido't koow wbe;ber be had it yet
or DOT | didn't get it There was
anotber party who had some of the beer
in the barrel.
Cross examination He didn't hear
anybody say at the dispensary that it
was no, in she hnuse. He told me to
make an affidavit aud swear that it
was for my own use. couldn't swear
to that.
Mr.. T. F. Baxter. deputy United
States marshal, testified that he served
the papers in the case of the United
States vs.. F. NJ. Mixson, aud be admit
ted to me tba, be had both packages
in his possession.
THE COURTS DECISION.
Commissioners Reid then stated that
be would very much like to be excused
from passing upon these cases. he
said that be had heard hundreds Of
cases argued in. bis experience and be
had never yet been accused Of showing
partialisy 10 rendering his decisions.
These were very peculiar cases. The
laws of South Carolina Of recent years
had been very oppressive. This die
pe1asry Law had been brought up be-
fore Judge Simonton and he had de.
clared it unconstitutional. and that ar.
citizen had a right to have liqno-
brought into the State for bis own use
The dispensary authorities were main-
taioiag that the burden Of proof that q
man bought the liquor for bis Q ~n use
WIS upon the party buying the liquor.
In his opinion the Law did not con-
template any .uch thing. lt-wss never
intended that. a man would have to
submit evidence that he bought the
liquor for his own use This decision
Of Judge Simootoa geye to every citi-
zen the right TO get all the liquor be
wanted for his personal use without IN
reference from anybody: My opinion
is that the people have rightly inter
preaed Judge Simonton's decision l
think tbs. those, parties are entitled to
their liquor without interference aud |
shall bold that the defendants are in
contempt of Judge Simonton's order
of injunction and shall require them
to give bond for their appearance for
trial. l shall require also the order
of search aud seizure to be carried out
aud | will ask Commissioner Mixson
whether he will turn the property over
according to bis agreement with the
deputy this morning or whether l must
enforce the order.
MIR. Nilsson said that be would do
whatever his attorney advised him to
do. Later, be announced that the prop
erty would be turned over to the United
States deputy marshal as soon as be
called for it.
THE BONDS FIXED.
After good deal of talking, Con
stable Beach's bond was fixed at $3.50
in each case and Commissioner Mixson's {
$500 in each case Constable Beach
stating that he was a poor man, be
was allowed to give bond in Ibis own
recognizance' and 60 his way. Col
Nilsson was also allowed to give his
IL bo