The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-02-17
WAS It AN ERROW?
Can a Man Sell LIQUOR
Near a Polling Place?
Code Says "Give Away or SeII"--.E!ec.
ton Law 0mits ''0r SELL
Alfred Daniels Case
Next Week.

In the case of State. VS.. Edwards, from
Craven, argued yesterday in the Supreme
Court, an interesting point was raised by
Mr.. W. D. McIvcr, of New Bern, attor-
ney Tor defendant, who had been indicted
at the October term, 1903, of Craven Su-
perior Court, for selling liquor on election
day within five miles of polling place
He contended that the present election
law, chapter SO, Laws Of 1901, repealed
section 2740 of the Code which says:
Any person who shall give away, or
sell any intoxicating liquors except for
medical purposes and upon the prescrip-
ton OF practicing physician, at any
place within five miles OF the polling place
at any time within twelve hours next pre-
ceding or succeeding any public election,
whether general, local, or municipal, or
during the holding thereof, shall be guilty
OF misdemeanor, and fined not less than
one hundred, nor more than one thous-
and dollars"
Section rs of the election law is identical
with the above section of the Code ex-
cept that the words cor SELF are omitted.
On this ground it was contended that
Edwards, inasmuch as he sold the liquor,
and did not give it away, did not violate
the law
The appeal of Alfred Daniels. the negro
murderer Of Mr. r G. Simmons, father
of United States Senator F. NJ. Sim
hons, came up yesterday in the Supreme
Court. Col. j. c. l.. Harris appeared for
sim and made motion for writ of GER
tiorari, to get a more complete record of
hn hn hat h.
record now IN the courts possession is
very incomplete.
The court ordered that a complete re-
cord be sent up at once from the Jones
County Superior Court and set the c:se
for argument on its merits at the end Of
the docket next week. Attorney Genera
Gilmer and A. D. Ward, of New Bern,
appeared for the State
Cases from the Third District were ar
gued yesterday lis follows:
State VS. Attorney General, for the
State D. l.. Ward for defendant.
State VS.. Daniels, Attorney General
and A. D. Ward for State; j. C. L. Har-
1is for defendant on motion for certiorari.
State VS.. Edwards, Attorney General for
State w. d. McTver for defendant.
William VS.. Smith, w. c. Whitehurst
lCT pidiNllll II. IL. warn lUI uSltilGdilt't
Avery VS.. Stewart, McIver and D. l..
Ward for plaintiff; .. II. Guion for de-
PENDANT
Duval vs. Railroad, by Stevenson and
d. L. Ward for plaintiff; n. j. Rouse,
and Simmons and Ward for defendant.
MCGOWAN VS.. Davenport, by Skinner
and Whedbee for appellant.
Hughes VS.. Clark, by Jarvis and Blow
and f. s. Spruil for plaintiff; Conner
and CCnnor, and Fleming and Moore for
defendant (Connor j. having been of
counsel did not sit on the hearing of this
case.)
Fourth District appeals will be called
on next Tuesday. February 23d, as fol
lows:
Dawson VS. Barnes.
Burwell VS. Brodie (plaintiff's appeal)
AVoodard VS.. Sauls.
Burwell VS.. Brodie, defendants APP
peal)
Allen VS. )Tompkins, plaintiffs appeal)
Allen VS. Tompkins, defendant s APP
peal)
Dean VS.. Norwood
Harper VS. Anderson.
Critcher VS.. Porter.
Opinions were handed down as follows
yesterday:
Meekins vs.. NJ and S. Railroad, new
trial.
State VS.. Butts, from Halifax, appeal
Dismissed.
Dickens VS.. Perkins, from Halifax, new
trial
Cheek VS. Lumber Co, from Halifax,
affirmed.
sumner VS.. Early, from Hartford, re-
versed
Fidelity Co. VS.. Jordan, from Hert-
ford error.
Cheesboro VS.. Asheville Sanatorium, at
firned.
Mahoney vs.. Tyler. from BERTHE, plain
tiff's appeal docketed and dismissed I'M
der Pule H.
State VS.. Alfred Daniel, instanter Ger
tiorari ordered. Case set for argument
on merits at end of Fourth District APP
peals.
SEvEN CHARTERS YESTERDAY,