Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1905-01-17
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4JuBILEE" WINS AGAIN.

JUBILEE WINS AGAIN.
Celebrated York County Distillery Case
In United States Court.
Columbia State, Saturday.
The court was occupied all Of yes
terday morning with case combining
state, interstate and Federal relations,
but the whole combination failed to
win against the defendants, one Jo-
seph ]. McCarver and Mrs. r. II.
Stewart McCarver was the nominal
owner Of a certain distillery located
very near the North Carolina line, In
York county, and on a piece Of land
belonging to Mrs. Stewart, who had
given her consent to the location there
Of the distillery. The Federal govern
ment, represented by Deputy Scruggs
on the. 18th day Of April, 1904, seized
the entire distillery. engine, boiler and
all the appurtenances Of distillery,
and also condemned and seized the
piece OF land on which the distillery
was located. It was to recover the
property that suit was brought.
The seizure will be remembered by
readers Of the State as the final out
come Of an effort to break UP an al
legged nuisance, claimed by the people
in that part Of the country to be main
tanned at that place, known as Nc
Carver's distillery, better known as
"Lowery's Old Stand" and sometimes
called Jubilee" McCarver appears
70 be sort Of mythical character. 1t
is not asserted that there Is no such
person, but several witnesses testified
that they had looked for him but had
failed to find him. One said that he
saw a man who said he was Joe Nc
Carver" who was firing the engine at
the still one day and told him that he
was getting 80 cents a day for his
work. This would appear to be a
strange procedure on the part Of the
proprietor, but 1t is said that his name
was used as owner for reasons
best known to the real owners and
proprietors, who by common consent
were ]. X. Goforth and John Stewart.
Stewart was present in court yester-
lay and was represented by Attorney
Blythe of Yorkville, who succeeded in
getting verdict for his client.
Stewart had already been tried in
the state courts for violating the dis
pensary law, and maintaining nui-
sance, and was victorious In that case
also.
Although both the Federal and state
authorities made strenuous efforts to
prove that whisky was sold at the
distillery. which was located on South
Carolina soil, yet the defense each
time convinced the jury that the whis-
Ky which was sold there really came
from a barroom which was located
just a few feet from the distillery on
the North Carolina side. and as 1t was
barroom holding regular license
from the state of North Carolina, there
was an end to that. The prosecution
claimed that the combination. distil-
lery and bar, did land office business
and was really entitled to its name Of
Jubilee State Constable ~. II
Drake Of Spartanburg testified on the
stand yesterday that the day the state
constables, accompanied by the sheriff
of York county. went to the stiIl to
arrest Stewart, he saw between 40 and
so buggies around the still, each one
having empty jugs and kegs; that
there were people on foot and on
horseback with empty bottles, all
heading for Jubilee" When asked
what became Of all these people when
they found that the state officers had
arrested all the managers and had
charge Of the place, he replied, they
scooted out" When asked what be-
came Of the barkeeper who was hold
ing forth on the North Carolina side,
1853 feet away, he said he didn't know,
that the place was locked up and ne
was told that the man who had charge
of It, Will Rackle, had run away.
The first witness examined was Dep
uty Collector Scruggs, who testified.
in substance, that the still was started
off under the direction Of Deputy Dill
lingham in September. 1908. That
subsequently the territory was placed
under his Jurisdiction and that he vis-
tied it. He found that some of the
government requirements were not
being kept. The fence around the dis
tillery was too high, the regulation
height being five feet, and the barroom
was too close to the distillery. Asked
how close, he said 1t was only 15 feet
distant. Acting on this report, Col
lector Jenkins ordered 1t suspended
until the fence was lowered and the
barroom moved. This was done and
It was allowed to resume. Later, state
constables raided the place and he was
telegraphed to go at once and seize all
of the property in the name OF the
government. This he did on April 10
1904.
Four state constables, Drake, Rose
Mulligan and Hyatt, testified to their
part in the transaction. Charlie Hern-
Ion. a negro. testified to buying whis-
ky there, and was followed by w. ~
Turner, who furnished him the money
Then came Ed Childress and otfl'sr
witnesses, who had either bouSat OF
were In some way interested In similar
transactions. The testimony was con-
licting and in some cases at variance
with the testimony given by same
witnesses in the trial Of the same par
ties in the state court, which, as above
noted. resulted also in victory foi
| Stewart.
A GAME OF FREEZE OUT?-A gentle
man who has just come from Colum-
bia says that there is weeping and
wailing and gnashing Of teeth on the