The news & observer., 1905-12-13
BREEZY IN COURT
Technical Violation of the
Liquor Law.
Prominent Young Men Concerned Pay
Fines and the Case is Settled.
Sensational Gambling Case
Disposed OF.

Especial to News and Observer


Greensboro, N c.. Dec. 12.-There
was considerable of breeze in the
Superior Court yesterday afternoon
over an Indictment against two popu-
lar young men in the city for retail
ing without license. They had been
bound over from the mayors court
under a charge of retailing liquor.
The young men We're merchant brok-
ers and among other staple grocery
products handled were liquors by the
case which were rushed on order 1t
seems that since the recent decision
of the Supeme Court such transactions
were technical violations of the law,
the attorneys, Col. John n. Staples,
Col. James f. Morehead and John n.
Wilson. had advised defendants, it
would be best for them to submit and
not fight the case on plea OF not
guilty. When this case was called
State VS.. II. H. Tate and Ct. Mebane,
they entered plea of nOlo contendere
and submitted to the leniency of the
court. in view of the decision of the
Supreme Court handed down last
week This plea was not allowed TO
be entered. The plea of guilty was
then entered, and fine of $50 and
costs was imposed, amounting to $140
for both defendants.
In the afternoon, City Attorney
Scales appeared in court and asked
that the case be re-opened, that he
was not present when it was disposed
of and felt that the court had not
known all the facts. He laid before
Solicitor Brooks a type written copy
of the testimony taken before the
MAYOR. The result was that Judge
Ward then issued a capias for de-
PENDANTS. They were found and
gave bond in the sum of 500 each
for their appearance at court this
morning at $50 o'clock
When court opened this morning
and the defendants appeared Judge
Ward said: young men, | did not
set hold of your case yesterday. You
got on the blind side of me. You
must pay more than fifty dollars
apiece to help educate the children
Col Morehead here arose and stated
| that on the other hand fine of five
| dollars would have been sufficient
| punishment
Judge Ward responded: 81 learn
| that the colored man they sold this
| liquor to and who sold it to others, is
now on the public roads serving out
sentence for il. Has he been
brought into court. Mr.. Sheriff."
He was informed that the man had
| been sent for yesterday at the con-
Wet camp and would be on hand
during the day.
Col Morehead then said the case
| had been finally disposed of and his
clients would not consent to having it
| re-opened "If the solicitor can get
another case against them, let him
| do it,.
"Wen," said Judge Ward 81 can
not open this case again, now they
/ have paid their fine and costs, but let
/ them be around the court under the
same bond until the matter is further
| looked into. l would not put them
on the roads for their first offense
anyway, but they should contribute
! more than they have to the school
| fund"
! Just before the noon recess, Col
/ onel Morehead stated to the court
| that after consulting with his clients.
| Messrs. Meane and Tate, he found
they were desirous of having the mat
! ter finally disposed of; that while he
| had nothing to retract from his form
.er statements and still insisted his
clients were simply victims of a recent
| Supreme Court decision, without hav-
| ing at the time violated any law, they
/ would consent to having the fifty dol
| lars stricken out. This was done
/ and a fine of one hundred and fifty
! dollars was imposed on each de-
| fendant.
Fined for Gambling.
| Another case of great local inter-
| est was called up and disposed of at
| three O'Clock. this being an indictment
charging S. n. Cone, julius Cone, w.
| S. Diffee and S. J. Kaufman with
| gambling. Defendants attorneys,
| Messrs King and KimbaH and E. j.
Justice stated that they submitted to
the judgment of the court, stating
that defendants We're playing private
game in their own room. Judge
! Ward fined the Messrs. Cone $500
| each and Messrs. Diffea and Kauf-
| man $500. This is the case which
attracted so much attention several
weeks ago by the policemen arrest
! ing the parties in the rooms of the
! Messrs. Cone, after they had climbed
y telephone pole and saw them play
| ing cards through a third story WIN
| dow in their private apartments in
/ the Huffines building. Judge Wards
| fine has been generally spoken Of as
/ excessive.
| Several cases of larceny and house
breaking have been disposed of by
| sentence of public roads. The jail
| is being fast cleared of cases. most
| of those defendants pleading guilty
and going right on the county con-
vict camp.