The Montgomery advertiser., 1901-07-07

grand 1ury or eaiC county cnAr8eo t0oS I before the finding of this indictment, that John Jones sold spirituous, vinous or malt liquors without license and contrary to law. That is @ good indict-
 ment under the present law. He goes to his attorney and employs him. He tells his attorney, I never sold a drop | of liquor contrary to law in my life. .
 His attorney says, well. where is your , evidence? He says. We'll, don't know
 --I don't know the time that he al- leges; don't know the place; I don't know anybody that can swear that. His attorney says, Yes, but somebody has sworn 1t; somebody has gone be-
 fore the grand jury and testified
 that you are guilty of this offense. Then what is the man going to do? He is innocent and he goes on trial. The indictment is read
 and the witI,ess Is put upon the stand and testifies that at a certain time and certain place he did sell spirituous. vim
 ous or malt liquors without d license.
 Then what is he to do?
 1 MT. Proctor-I would like to ask the gentleman a question.
 Il The President-Will the gentleman
 consent to be interrupted for the pur- rose of being asked question. | MT. Duke-Certainly.
 Mir. Proctor-I would like to ask the
 gentleman how he Is going to manage to allege the time and place in crimes
 which are continuous in their nature he readily understands that:
 Mir. Duke-I don't think there will be
 any difficulty in that at all, l do not
 see why he cannot allege that 1t was
 continuing in a certain place.
 Mir. Williams (Marengo)-I wish to
 ask MT Proctor a question. <"
 The President-The gentleman from {
 Chambers has the floor.
 MT. Williams-The gentleman from Chambers will yield.
 MT. Duke-Certainly.
 Il MT. Williams-l would like TO fnow what offenses you call the continuing" , offenses? . The Presidential seems to the Chair [ that colloquy is out of order, he may be permitted to ask the gentleman
 from Chambers question. Mir. Williams--I beg to ask the gen.
 tlemans from Chambers what the gen. tleman from Jackson meant by the , word continuous" offense.
 MT. Duke--I am unable to answer the l question, but in answer to the gentle
 man from Jackson, I desire to say if it
 is a continuous offense there Is no req son why he could not say how long it ; continued if it was continuous at a certain place. There is no reason why , he could not put that in the indictment. I in opposing this. You will find that . most of the solicitors-and l believe my friend who asked the question hap , pens to be a solicitor-most solicitors : do not wish to have their toes tread r upon and they like to convict. MT. ONeal dauderdale)-And we . like to acquit.
 [, Mir Duke-Yes, sir.
 MT Proctor-How many gentlemen of this Convention. except MT. Smith, f who have been on the floor defending : the amendment. who are not defending ? attorneys?
 f MT. Duke-I will answer the question l, of the gentleman. I do not know in l what capacity the different lawyers III 5 the Convention practice.
 MT. Wilson (Washington)-Are you S an attorney may l ask?
 , MT. Duke-Well. yes sir.
 Mir. Wilson-Are you prosecuting , | attorney? i, MT. Duke-I do both. it depends on r the character of he pocketbooks Of my n | clients. ; MT. wilson-Are you a solicitor? MT. Duke-No, sir. 5 Mir. Wilson-Do you defend, more q than you prosecute. |, MT. Duke--Yes, sir; do. MT. Wilson-And so do the rest of : the gentlemen I take it for granted. MT. Duke--I have frequently prose . | cuted and have been a solicitor. And
 1 right here. 1 was a special solicitor a Q good mary years ago, when could ar Q | ford to quit my lucrative practice for
 | such a position. Laughter) 1 had a case, prosecuting man in an ad1oin- n ing county, and the case was one z, against a man for carrying concealeo |. pistol. After investigating that matter oo the attorney came to me and he said | khnf hA = n thing about this, he never carried VI ristol in his life, and he don't know Y anything about it, and the prosecutor
 won't tell me anything about 1t. Con a | trary to the usual custom Of sollcltors' Q 1 agreed with him that he might have n a continuance in order that he might c get up his evidence. | have been in
 the same position myself in defending n cases and I have never yet found orls IF of the regular solicitors that was so P. | accommodating as l was on that occa- ,o sion Now what Is the harm, what IS 10 the harm, gentlemen, in having the ln- ,o dictment state the time and place i. Gentlemen, Appose an indictment IS .e brought against my friend Proctor for -o carving a concealed pistol. of course if he never carries one-he takes the ln- |. dictment and looks at it, he says, well i'd that offense must have been commit ,t ted in Montgomery County, have peer l. living here for several months, twelve is months. I never carried a pistol, bu In what am I to do about the proof ,e Somebody Is going to get up on tht Ii l stand and swear that 1 did it. and per l. haps two or three swear that l did 1t ,e If I knew the time and place, coult ot 20 to the witnesses that were there m and perhaps prove my innocence, bu' if l instead of that I cannot do 1t because Id 6o not know the time and place.
 MT. Proctor-If a witness would per D, 1 jure himself by swearing that carried ,- a concealed pistol, wouldn't he likewise l. perjure himself by alleging the time e- and place?
 Mir. Duke-Yes sir, and that ls the e, point, if he perjure himself le m alleging the time and pla9e. c, would look at the indictment and ot seeing the time and place would go to 1e the time and place and get my wit ry nesses and 1 would show that the gen II tlemans prosecution was founded upon IT, perjury. That is just the point vs The President-The time of the gen. n tleman from Chambers 'fsts eXplted. K MT. O'Neal (LauaerdRle k1 les move to that the time of the gentleman from Id | Chambers be extended
 lG MT Duke-I am much obliged to the iii gentleman, but I will not take up any h, 1 further time oftheConventton.
 ] Mir. Proctor-I belieev that the ques-