The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-07-19
G-oLDsBoRo GOSSIP.
A knotty Point Of Law as To Sale Of
Whiskey-Death of Colonel Gabriel
Holmes Hill.
(SpeciaI TO The Messenper.1

Especial to The M~sssenger.)
Goldsoorc, y. c., July Is.-At
chambers in this city yesterday Judge
w. r. Allen was called upon to pass
upon a habeas corpus proceeding IN
which counsel for William Merritt
had applied for his release from jaii.
Aoou two weeks ago Merritt was seen
by an officer OF the city taking whis-
key from a wagon and delivering 1t
to a eolored woman by the name OF
Mary Pulley. Merritt was brought
up before the mayors court and was
released because IT was claimed that
the city ordinances did not cover the
case. The friends of prohibition. VINO
ave been anxious to prevent me sale
of whiskey in Goldsboro since prohi-
bition went into effect on the first Of
last January, felt aggrieved because
the negro was not prosecuted for
they considered a violation or the
law, had Merit arraigned before a
justice of the peace, and upon the
hearing he was committed TO Jail. The
negro secured %counse who made ap-
plication for habeas corpus proceed
ings. After several days Of delay
Judge Allen heard the cas- yesterday
and remanded the negro to Jail. IN
his order committing the negro TO
Jail, Judge Allen states that he does
so on the ground that the defendant
IS guilty of the charge of selling wills
key to a white man by the name OIL
Price, which evidence was produced
in the habeas corpus proceedings and
was not produced before the magis-
| trafa who first heard fha naco He
does not pass upon the question upon
which the negro was first charged,
| but ommit the negro to Jail because
or evidence which was produced in
n habeas corpus proceedings In
the first charge it was claimed by the
prosecution hat the place of delivery
was the place of sale. The negro
Merritt was acting as the agent Of
Mary Pulley. He claims and so makes
affidavit that he wen to Pikeville and
purchased whiskey to the amount of
several gallons and brought it to
G~oldsboro and delivered it to her. He
] produced evidence to show that he
/ was in her employ. The question at
1 issue has created right much stir
among the legal talent Of the city,
VINO were all anxious that Judge Allen
would pass upon the legality of the
| question whether or not one person
would have the right to go to a town
VI "ihohSS . Old III pIllIS lOg
another person whiskey in a m
ity where prohibition is in effect. One
of the counsel. who is an ex-judge OF
the Superior court. differed from his
j associate counsel ana 10 expressed
himself during the trial. This ques-
ton of acting as an agent and pur-
chasing whiskey for other people ha.
been a very vexatious one since pro-
hib1tion went into effect in Goldsboro
and others besides the lawyers were
very anxious that Judge Allen would
pass upon the issue. In his judg.
d ment today he has ignored the ques.
! ton at issue and passed upon anothe,
phase of the subject.
DR.. Thomas Hill and Mr.. John H
4 Hill, two Of the most esteemed citi.
j zens of Goldsboro. received a te!e.
gram yesterday afternoon announcing
the death of their youngest brother
Colonel Gabriel Holmes Hill, at hi.
mime in Charlottesville. He was g.
years of age. Before the civil wa
he was an officer in the United State,
army, but promptly resigned when tn,
I war broke out and entered into tn.
Confederate army. He was a barve sol
Ined and woG a number of promotion
during the WIT. After the close O.
the war he began the study of medi.
i cine and has made a prominent ply
stefan in Charlottesville, Virginia
I where he was buried today