The Birmingham age-herald., 1903-02-13
AcQufS Seven Men Charged With Violating Sunday Law
 and Scores Witness
QUOTES LORDS PRAYER
 IN RENDERING DECISION
The Judge Says He VIII Not Encour- aue Methods of Temptation to &c., cure Evidence for the Pur-
 pose of Conviction.

Judge Feagin yesterday acquitted the seven saloon men arrested last Sunday on charges of violating the Sunday law, and took occasion to criticise very severe ly professional witnesses who go to sa- looms and buy whisky on Sunday with the intention of having the proprietor ar rested. Judge Feagin also told the city detectives that he did not wish to en- courage evidence obtained by this method He based his decision on the law, but ouoted the Lords prayer: Lead us not into temptation, but deliver us from evil" and said that he did not think 1t proper for the city officials to encourage men to lead the saloon keepers into temptation by sending men to try to purchase whisky on Sunday.
 The Evidence.
 The evidence in court was that J. s. Miller, young white man, went to De- tective Jordan last Friday and made an agreement that Miller should go to each of the saloons Sunday and attempt to purchase whisky, and then turn the pro- prietors up to the detectives. This was done and Miller returned to the police headquarters Sunday with eight bottles or whisky, which, he claimed he secured from eight saloons. The proprietors were arrested on charges of violating the Sun day law. and yesterday Judge Feagin ac- quilted them all. The decision Of Judge Feagin was substantially as follows;
 Judee's Decision.
 "The evidence of the city is all from one man. Miller. while that of the seven whisky men is in direct contradiction and they all testified that they did not see the witness on Sunday, did not sell him any whisky, and several of them proved an alibi. There were two or three wit nesses for each of the saloon men to tes- tify that they never sold Miller any whisky. I therefore take this position.
 "The law says "a man who goes to whisky dealer for the purpose of induc- ing him to commit crime by selling whis- ky on Sunday in violation of the law with the distinct and avowed purpose of having him arrested and prosecuted and convicted for selling him, the witness whisky in violation of the law the evil deBce of such witness shall be looked upon with grave doubts and great distrust.'
 credltability of Witness.
 "Ths law has the character of in- formers and procurors of crime ventilated before the courts that the juries might pass upon the credibleness of such wit ness. While such witness is not to be disbelieved by the jury, yet the jury should weigh the motives and purpose of such witness in procuring tfe violation of the law for the purpose of prosecuting the violators. On this l did not think the evidence of Miller was enough to con- yict the saloon men.
 The Saloon Men.
 'If the evidence as stated by the wit ness Is true there is very little regard for the law on the part of these whisky men in observing Sunday. and their li- cense should be revoked and they should not be allowed to do business. Many of the whisky men of the city have abided by the agreement reached between them, and the ministers when a fight for dispensary was proposed, and they are law-abiding. The open violation of the law is an outrage on the lava biding community, which respects the Sabbath day, and should be stopped If it Is true, but 1t should not be stopped by the means used in this case.
 T do not think that the city officials should be instrumental in getting citizens to violate the law, and therefore I &C., quit these men,"