The news and herald. (Winnsboro, S.C.) 1877-1900, 1895-09-10

Of the club and details the objects
found and seized, and the constable
swear that Mr.. Boylston and several
gentleman came in while they were
there and asked 10 be allowed to take
drink; that the porter put up the
glasses and the five gentlemen took a
drink; that Mr.. Boyistou asked the
porter chow many" that the porter
said five, and Mr.. Bovlston threw the
money to pay for the drinks down On
the bar. the porter dropping it in a
UoX.
Another paragraph reads this way:
"Tbat they have not wilfully disobeyed
the order of injunction granted by the
court, hrt have simply endeavored
faithfully to discharge their duties i'm
posed upon them by the dispensary
law; they may have seized some liquors
imported into the State for personal
Use and consumption, but wherever
this has heen done it has been in the
exercise of their best iudgment.'
Mr. Patton then arose and said: 81
suppose your houor, inasmueh as ]
could not anticipate everything that
would be alleged in the returns and
there is much new matter in them, I
will be allowed to read two affidavits
I have here. don't suppose the At
toruey General has any objection.
Judge Townsend at once made Wig
orous kick, saying that they had not
been served with them.
Mr.. Patton said: :'Well, suppose
I read them? I don't think you Will
object so vigorously 10 that
Judge Simonton--Well, gentlemen,
there are a great many new allegations
in those returns. certainly have to
have the light from both sides. One
important allegation is that the Colum-
bia Club is place where persons are
permitted to resort to drink liquors. I
vii! either be obliged to have at1idavits
or else refer the case.
Mr.. Pattou-'I thought that they
would make some such foolish allega-
ton as that. and under the circum-
stances I suppose it would be well
to either postpone the case or refer
it,
Judge Simonton-'I have nothing
to do with the Columbia Club; nor do
1 care anything about it. In this case
the first and only question is who did
this liquor belong to; then the second
question is. was it imported from out
side of the State, and third, when it
was seized did these constable's know
that it was for personal use and have
thev any reason to believe that it was
intended fer the consumption Of any
other persons than the owners. After
hearing the papers read I don't think
We have sufficient light on all these es-
sential questions, and therefore I will
refer the case ;; --------------------
Mr.. +. W. Shand was suggested as
a referee, but it was stated that he had
belonged t. the club. After short
talk, Judge Simontcn appointed Mr..
J T. Barron, aud the order issued re-
ouires him to examine into the facts,
because Of the grave questions having
arisen, and to rcportto The judge facts
as he finds them.
Judge Simonton, during the infor-
NAL talk towards the close Of the pro
ceedinss, iptimatel very clearly that
he was not going 10 pay any attention
to sections 81 and % of the dispense
nv act; That is. he does not intend to
bring them in the case.
Pending the settlement Of the cases,
Judge Simonton stated that he wished
It understood that there was to be on
armed truce until the case had been
settled.