The news and herald. (Winnsboro, S.C.) 1877-1900, 1895-09-10
DEFERRED,
NOT DENIED.
JUSTICE IN TIE COLUMBIA CLUB
RAID CASES.
Some Questions of Fact to Be Settled.
After That, the Judgment.

IN the contempt cases instituted by the
Messrs. Gonzales against Commissioner
Nixon, ex-Police Sergeant Morehead
aud Officer Strickland and State Con-
stables Speed, Davis aul LaFar, as q
result Of the raid made some time ago
on the Columbia Club rooms, took
place in the United States Court room
at Green7ille on Wednesday before
Judge Simnrton, whose orders the de-
PENDANTS ere charged with having held
In contempt. The court room was
crowded with interested spectators,
but no oDc was prepared for the sud-
Gen termination ef tie cases for the
time being So far as the cases have
progressed, it looks as if Judge Simon
ton is not going to deal with the club
room section of the dispensar law,
but act upon the proposition: Who
did the seized lfqnor belong to-! Was
it imported from outside the State for
personal use? When the constables
seized it did they know it was for per-
sonal use? Have they any reason to
believe that II WIS Intended for the
consumption of any other person than
the owners2 From the papers present
ed to him to-day, he felt unable to
proceed with the case and consequent
ly has referred the entire matter to
Mr.. J. Z. Barron as a special referee
to look iuto the question of fact and
report to him what facts he finds along
the lines indicated. Judge Simonton
expects to be in Columbia in about
fortnight, and will probably dispose OF
the cases there.
When the case was called this after
noon, Mr.. H. c. Patton, who appeared
for the Messrs. Gonzales, opened the
proceedings by reading the complaints
aud the rules issued upon them.
The PoblCE@EH's RETURN.
john p Thomas, Jr., Esq, then
began to read the return OF the two
policemen to the rule. It submitted:
/. That the men were charged by
the laws of the State and Of the ordi-
nances OF the CITY with the rigid en-
forcement Of both
2. That the city council has by ordi
nance and otherwise. directed that the
dispensary law be ricilly enforced;
that these men, with al; the other city
officers, had Instructions to assist the
coDsta5les in making raids and pre-
serving the peace when called upon by
the constables; particularly to be
around to preserve the peace.
8. That the men were called upon
by the constables to accompany them
on the raid in question to preserve the
peace; that Morehead took seat in
chair in zone OF the rooms. while
Strickland was stationed at the door;
that they took 20 part in the search
and seizures, acting solely as officers
10 preserve the peace; that they did
not take or rnrry away the packages
referred to.
4. That while they took no part in
the search and seizures. those seizr1es
were justified by the laws Of The State
and were not in violation Of the orders
Of this count; that section - makes
provision for such searches and seiz-
ures (ihe section is quoted IN fuln that
section 22 of the diSpepssJy act also
covers the case.
5. That the Legislature had the
power to pass such an act; that the act
is not unconstitutional IN this particu
lar: that The enforcement Of the sec
tions of the act mentioned was not an
attempt 10 regulate the commerce be-
tween the States, and makes no dis
elimination against the iralucts Of
other States.
&. That Judge Sim onions order was
not attended to protect imported
liquors when kert FOR rse in club
houses
7. That the defendants had no in
teution whatever IF violating The order
of the court.
Mr.. Thomas also presented the reso-
luton of The CITY counci! directing the
enforcement ofthe dispensary law, and
the mayors letter oS instructions to
the chief os police
rHE OTHEE EETURNS
Judge Townsend. the Assistant At
torrev General, then proceeded to read
the returns of Commission Nixon
and Of the three constables. Mixson's
return denied many Of the allegations
IN the complaint N regard to himself
and stated that no demand had been
made on him for the delivery of the
liquor. He gave no instructions to the
constah!es. The remainder Of his re-
turn was IN the main very much the
same as that of the ccnstables, more
fully given below.
inasmuch as there vss bat one cory
Of the constable, return available it Is
not given here in fuG. The salient fea
lures were as follows: They ":espect.
fully submitted that the United States
Circuit Judge was Without jurisdiction
and exceeded his authority il granting
the order, or so much of it as may be
void" That they cannot be punished
as far a contempt, and shat The peti.
ton should i've quashel. peing insuffi
cient. That it was IA 'he discharge OF
tneir official duties !hev acted; that they
have not wilfully and defantlv disc
beyed the order of injunction, but have
acted conscientiously to the best Of
their knowledge and ability, and il
there has been any technical violation
of the order, it has been the result "i
the uncertainty of the order. for which
they should not be punished, especially
when so difficult ant delicate duty
has been imposed upon them of deter
mining when liquors ere imported fol
personal use aud consnmrtioH. They
deny that they entered Int" "Dv con