The leader., 1905-07-19
CALHOUN CONVICTED.
KEEPER OF ALLEGED "CARBONATED
FOAM JOINT FOUND GUILTY
As CHARGED.
Fined $1,000 and Sentenced to Jail for
Sixty Days Latter Part Of
Sentence Suspended.

lhonn, charged with selling intoxi-
eating beverages in violation OF
law, took place Saturday before
Justice J. B. Daughtry, as pre-
viously announced, and resulted
lin a verdict Of guilty as charged
i against the defendant and fine
Iof $4,000 and costs and a sentence
Iof so days in Jail. The jury
coupled with their verdict rec
ommendation to the mercy of the
court.
/ Considerable difficulty was ex-
| perienced in securing a jury, Is
persons in all having been sum-
moned to serve in that capacity
before a competent jury of six
was empaneled. All of the fore
moon and a portion of the after
moon was consumed in this part of
1.-THE proceedings, and the jury, as
finally agreed upon, was compos-
ed of three citizens of Brookha-
ven and three from the country,
las follows: j. S. Barnett, G. T..
Bowen, j. HI. Miller, P. III. Lea,
lJs A. Chandler and w. A. Red.
Messrs. Thos. Brady, Jr., and
p. q. Jones represented the, State
Jas on the former trial, and
Messrs. HI. Cassidy and j. W..
4 McNair appeared for the defense.
After the first trial of Calhoun,
which, as our readers know, re-
sulted in a disagreement by the
Jury, counsel for tho State decid.
Led to proceed on new affidavit,
which would give greater latitude
to the introduction of testimony
and not limit the State to a single
date. or single sale in proving
that the defendant was engaged in
an unlawful business. This affi-
davit was based on Section / Of
Chapter 104 of the Acts of 1900,
which provides THAT it shall not
be lawful for any person to keep
for sale or barter, or to be given
away to induce trade, any vinous,
.alcohoIic, malt, intoxicating or
spirituous liquors, in any quaint
lty. whatever, without first having
IObtained a license in the manner
directed by chapter 81 of the An
notated Code of 1892. 4
No person can legally obtain in
Lincoln county a license to sell or
keep for sale or barter any of the
Inhibited drinks or beverages
lspecified in the above section of
the law, and all the State had to
lido to make out its case was to
lproVe that Calhoun was keeping
for sale or barter or to give away
to induce trade at his place of
business amy vinuous, alcoholic,
malt, intoxicating or spirituous
liquors, in any quantity what
lever
/ Section 4 of this act provides
that Any person convicted of
violating any of the provisions of
this act shall be fined not less than
fifty dollars nor more than FIVE
hundred dollars, nor more than
three months, or by both such
! fine and imprisonment.
The main points of the testimo-
Iny, on both sides, as brought out
lat the trial, is given in substance
below:
The fist witness introduced by
1.-The State was B. Z. Hobbs. This
witness rehearsed his visit to
lCalhoun's joint on the night of
June 18th on the BrookhaVen and
Monticello road, just east of the
city cemeteries, where he pur-
chased from Calhoun bottle of a
beverage labeled 'Carbonated
Foam, = which afterward got ac-
cidentally broken before it was
Iopened or introduced into court.
He saw several others enter the
place, 90 up to the counter, get
waited on by Calhoun and drink
before he entered the place. Hav-
ling satisfied himself from all he
lsaW and heard that intoxicating
liquors we're being sold, witness
resolved to remain on the prem
lises to see that nothing was NOV
led off until he had the opportunity
Ito send for an officer. After q
/ considerable lapse of time Estus
Smith came along and agreed To
Igo after Constable Blue. When
lthe constable arrived and q war
lrant had been secured, the place
was entered through back door
which had been left open; when
1.-THE manager and some Of bis pa
atrons had hastily vacated early ID
1.-THE night. The constable was
assisted il the search BY witness
land Messrs. Estus Smith and b.
e. Summers. The house contain
led four rooms, all used by defend
lant. One Of the front rooms had
q counter ii it and behind the
lcounters we're found ain ice chest
lor box and d large galvanized
Iron tub, in both Of which was q
lquantity Of bottled beverages on
ice. The other front room con-
ltained two tables with some rude
seats and che windows were close
lly curtained with oil cloth, 50 no
one could see ia from The outside.
Some salt was observed on The
tables. There WAS i partition
door from ono front room to THE
other and a partition door from
each front room 70 the small room
in Its rear. These rear rooms