Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1896-04-03
THE CIRCUIT COURT.

On Wednesday morning Hyder Wylie'
colored, was tried in his absence on the
charge of violating the dispensary law
and convicted. His honor left with the
clerk of the court sealed sentence.
A sealed sentence was also filed in the
case of Randall Berry, colored, convicted
in like manner of the same offanse.
One of the most interesting cases of the
session was that against Scott Ragsdale
and James McGill, and charged with
hauling contraband liquor in the night
time.
It seems that the two men had been to
North Carolina after liquor On their
way back they were captured by Consta-
BILE J. T. Thomasson. In their wagon
were several packages of liquor, contain
ing amounts ranging from to p gallons,
and aggregatng something over S gallons.
The testimony showed that the parties
had left North Carolina in the daytime.
They were detained on the way by rain
storm. Some of the packages belonged
to them and others belonged to other par
ties. All were properly labeled. The de-
PENDANTS claimed that their own packages
were for personal use, and that the others
were for the personal use Of the parties to
whom they were to be delivered.
By an agreement on the part of Mr.. w.
B. Wilson, representing the defendants,
and Solicitor Henry, representing the
State, the case was practically made a
question of law, leaving the issues as to
1 I l. fNr m
the jury.
Mr.. Wilson argued that under the inter-
state commerce law, the parties were al
lowed to transport the liquor for their
own personal use and quoted Judge ST.
monton's recent decision. He claimed
that while the party defendants were not
common carriers, they had a perfect
right to deliver any commodity of COM
merce from citizen of one State to a
citizen Of another. While the packages
labeled for the other parties were not for
the personal use of the defendants, they
were for personal use all the same. and
came under the provisions of the law. He
said that the quantity made no difference,
as it would be unreasonable to designate
any particular amount as sufficient for
personal use.
Solicitor Henry argued in the first place
that the parties did not have the right to
bring the liquor into the State for personal
use; and if they did have such a right,
they were not common carriers and did
not have the right to bring liquor for
other parties.
Judge Witherspoon sustained Mr.. Will
son in every important particular. He
held that the parties had right to bring
liauor into this from another State. If he
had right to bring it for himself, he had
the right to bring it for another. TO say
what amount should be allowed for per-
sonal use, he said, would be unreasonable.
The main question for the jury was to de-
eide whether or not the liquor was really
brought for personal use, or for the pur-
pose Of evading the dispensary law. If
brought for the purpose of evading the
law, thel verdict should be guilty. The
Jury remained out about three hours and
returned verdict of not guilty.
Moses Blake, colored, plead guilty to
violation Of the dispensary and was SEN
fenced to three months on the chain gang,
or fine of 500.
Tate Freeman also plead guilty to the
same otfense and received a like sentence.
Richard Belk, the Negro who fell from
the top of the Jail not long ago while
attempting to escape, plead guilty of
larceny of live stock and was sentenced
to the penitentiary for two years.
Nick Cornelius, colored, was convicted
of violation of the dispensary law and
sentenced to three months on the chain
gang.
In the case of j. j. Massey, charged
Jury returned verdict of not guilty.
The case Of the State against George