The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-02-04
TERRY WINS
IN HIS CASE
Was'His Own Lawyer Before
Appellate Court.
HIS PLEA IS SUSTAINED
Claimed That Lower Tribunal Erred in
Not Setting the Verdict Aside. Y
Other Cases That Were
Decided.

The United States Circuit Court OF APP.
handed down by District Judge Boyd, de-
cided in favor or j. o. Terry VS.. the
United States Government.
Terry was accused OF violating the
United Stntes revenue laws. In other
words, he was charged with being a
''moonshinor." His alleged offense was
committed In PowhHtnn county, Va. Ter
ry was the first person to plead his own
cnse before the court. lie Is not q law
yer, but made a splendid argument and
ono that won his CASE. The formal
charge against him was that OF 'setting
z up and having ltk his possession and con-
& troll still and distillIng apparatus with
out having registered the same" There
were several counts In the Indictment.
Throughout the Indictment the term
''distillery' was used without further
description and without stating whether
It was a distillery for the production Of
distilled spirits from grain. or from fruit
or other material
Terry was tried In the court for tho
Eastern District OF the United States
and the verdict was guilty on the sixth
count and a sentence OF sixty days I'M
prisonmcnt was Imposed by the court
The case was reversed upon the ground
That the lower court erred In setting
aside the verdict as contrary to the law
and the evidence and grant him q new
trlal. In this connection Judge Boyd
rays:
and not presumed to be familiar with the
technical forms OF pleading. was evid emily
Intending to ask the court to give him the
benefit OF such legal rights as he might
be entitled to under the circumstances.
and 1t is but far to him to so construe his
action We think, therefore. that the
court should have taken notice OF the
form OF the indictment, and, II found to
be detective, should have declined to pro-
nounce Judgment. 1t Is our conclusion,
therefore, that we ought to treat the
plaintiff In errors second exception and
assignment as IN substance a motion In
arrest OF Judgment after verdict, and. II
It Is found that matter intrinsic appears
on the face OF tho record which would
render the Judgment, II given. erroneous
or reversible. or X It would have been
fatal TO the Indictment on general de-
murrer. to give him the benefit of IT.
Tho Court thinks the judgment should
have been arrested and now so directs.
Farmer or Merchant.
In the case OF c. Wulbern & Co. and
others VS.. J. n. Drake, appellee. from the
District Court for North Carolina. sitting
ms bankruptcy court. the most interest
ing point involved was whether Drake
was a. farmer or merchant. lie owed
money to the petitioners and made an as
signment. His creditors endeayored to
put him into Involuntary bankruptcy.
In his reply Drake claimed that he did
come within the terms of the United
States Bankruptcy law. He claimed that
he was chiefly engaged IN the tIllage Of
the soil. On the contrary, his creditors
charged that he was a merchant. It
seems that in addition to farming he
conducted a small store. The lower court
decided in brakes favor and the APP
pellate court affirmed the tud gment
The Court says:
The statue does not apply to such per-
sons only as are engaged solely In farm
Ing or tillage OF the SOIL but exempts
from tho provisions relating to involun.
tary bankruptcy all persons who are
chiefly SO engaged 1t does not matter.
therefore, II the person may have other
business or other interests. II his prin-
cipal occupation Is that OF an agricult,A
rist, II that Is the business to which he
devotes more largely his time and atter.
ton. which he relies upon as a source OF
income for the support OF himself and
family, Or for the accumulation OF wealth,
as before suggested he may have other
interests or other investments, yet the
conclusion must be that his chief business
Is that OF farming or tillage OF the soil'
Tho court convened at 70 O'Clock to
hold its February term with the follow
ing judges lin attendance:
Hon. Nathan Golf. circuit judge
Hon. Charles II. Simonton. circuit
Judge.
Hon. Edmund waddll, Jr, district
judge
Hon. Henry G. mcdowell district
Judge.
Henry II. Meloney, clerk. and Claude
M. Dean. deputy. clerk.
The court announced and handed down
its opinion In the following cases. to-
wit:
No 434, George s. briggs trading as
Geo. S. Briggs s. Company. appellant, vs.
r. s. Neal, John Dunn, O.. II. Guion, as
sIgnces. ct al. appellees, appeal from
the circuit at Eewbern. N. c, Opinion
by Judge sInoRton, reversed, with costs
md remanded.
No. 447. Straits OF Dover Steamship