Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1903-12-18
JENKINS DIsTILLING CASE.

The complaint OF the pastor ana oea-
cons Of Antioch Baptist church against
J. F. Jenkins for operating a distillery
within two miles Of the church was up
for consideration before the state
board Of dispensary directors last
Tuesday, but the hearing was contin-
ued until January. The Columbia
State of Wednesday gives the proceed
ings as follows:
Mr.. T. B. Butler for Jenkins and Mr..
J. C. Otis for the petitioners had a
lively tilt before the board over MT:
Buffers request for continuance, ana
up to the time letter was produced
from Mr.. OTIS to Chairman Williams
Butler had agreed that yesterday
would suit them for hearing the
board seemed strongly inclined to re-
fuse a continuance, but Mr.. Butler ex-
pressed surprise not unmixed with an
ger that such letter should have been
written when Mr.. Otis knew that ne
had made no such agreement with
him.
Mr.. Otis acknowledged that there
had been no agreement between hlm-
self and Mr.. Butler, except that II
should be held after the adjournment
of the Cherokee court, In every case
before which Mr.. Butler had been en-
gagged. Mr.. Otis said that ne had been
Unfortunate in the wording Of his let
ter.
The case has been pending before
the board several weeks. 1t was not
brought up at the December regular
meeting because both lawyers were
engaged in the circuit court at home.
Then the board through its clerk sent
a letter to both requesting each to see
the other and agree upon some day In
December on which 1t would be su1ta-
BILE for them to appear before the
board. Court was then in session and
Mr.. Otis agreed that 1T would not De
fair to Mr.. Butler to be forced to a
hearing until after court adjourned.
Mr.. Otis then wrote the board that he
and Mr.. Butler had agreed that Tues
day, the 18th, would suit them for the
hearing. Thereupon the board notified
Mr.. Otis requesting him to notify Mr.
Butler that the hearing had been set
for Tuesday. Mr.. Butler says he did
not receive this notice until last Sun
day. He was absent In Alabama on
business about two weeks just before
his court convened and had not had
time since to prepare his clients de-
defense.
With some warmth amounting al
most to threat Mr.. Otis insisted that
the case had been pending long
enough; that the nuisance had contin-
ued now almost beyond endurance and
that If 1t were not abated promptly
he not only feared the people would
undertake to right their own wrongs
but that he would assist them to do
it. When constituted authorities, he
declared, persistently refuse and neg
lect to administer justice the peoples
only relief is to get out and right their
own wrongs, and he thought they
were right in doing It..
Mr.. Otis read a petition signed by
1873 citizens declaring Mr.. jenkins
place nuisance and asking for re-
vocation of his permit. -
An affidavit from the pastor and sew
en- deacons Of the Antioch church was
introduced declaring their belief that
the place was within two miles Of their
church and saying that whisky was
being retailed there.
The affidavit of Prof. R. o. Sans
declared that he had surveyed the dis
tance and found 1t only LII miles.
Magistrate Speers' affidavit inform
ed the board officially. that warrants
had been issued against Jenkins for
retailing and otherwise violating the
terms Of his permit.
Two Of the three members. Of the
county board of control, Chairman 7.
Douthit and c.. A. Spencer, endorsed
the church's petition.
Several others declared on informa-
ton and belief that the place was be-
ing conducted as nuisance, among
them J. R. Dickson, r. H. Rourk, j.
A. Whisonant, G. r. Hughes and
State Senator Clyde R. Hoey Of Cleve-
land county, N. c., which is adjacent
to Cherokee county.
But we are content to leave out
all these petitions and aff1dayits and
rest our case on the information con-
tanned here" declared Mr.. Otis, hold
ing up q small booklet containing the
several hundred names Of holders Of
Federal retail licenses. you know
that under the law of this state the
fact that Mr.. Jenkins, whose name ap-
pears here, holds a Federal retail IL
cense Is prima facie evidence Of his
guilt"
Mr.. Williams: "Mr. Butler, I would
like to hear from you on that point.
Is 1t not a fact that under the laws
Of this state possession Of a license
is prima facie evidence Of guilt?"
Mr.. Butler: Suppose it is. The fact
that q mans name Is printed In such
a list is not sufficient to send him to
the chaingang. Every man Is entitled
to a trial, is presumed innocent until
he is proved guilty before jury Of his
peers. Mr.. Jenkins tells me that he
holds no such license, has not held
one, nor asked for one. II this thing
is prima facie evidence Of guilt why
don't you haul every one Of these peo-
pie up and fine them or put them on
the chaingang? There are the names,
hundreds Of them, as plain as types
can make them, get out after Them"
Mr.. Williams protested that that was
hardly the boards duty and when Mr..
Butler retorted that the board appa-
rently employed Chief Hammet for
such purposes that officer arose and
explained that his men were getting
after just such cases, but that the
chief trouble they met with was in
finding juries to convict on even the
best evidence.
Continuing Mr.. Butler declared that
Jenkins had some $4,000 worth Of prop
erty at the distillery and argued that
1t was unjust to confiscate this with
out giving time to rebut the charges,
which he could easily do. He had in
formation to the effect that Surveyor
Sans was deeply prejudiced and
thought he could show that his meas
urements were incorrect. He could
get numerous affidavits from members
OF the Antioch church itself in favor
of his client, and from many others.
This distillery,' he declares, "has
been down there by that church since