The commonwealth. (Scotland Neck, N.C.) 1896-1929, 1905-02-23
HAULING LIQUOR OF SUNDAY.
Charged With Violating Prohibition
Law IN Scotland Neck.

Last Sunday sht between 9 and 10
O'Clock number Of young men in E..
T. Whitehead & Co.'S drug store saw a
| wagon pass up Main street, and some
thing about it attracted particular at
tention. A mum Der of persons follow
ed the wagon and found 1t at MIR. J. Il.
Askew's stables On Twelfth street,
where colored man named Anthony
Spruill was unloading. He told them
that he did not know what was in the
barrels, that he had brought the Iced
from Mr.. Askew's mill in Eds econ. be
county.
The barrels we're opened and it Was
found that two OF them were filled
with bottles of whiskey and the other
was filled with bottles of beer.
A warrant was issued and the man
was put under arrest.
Monday the case was heard before
Justice B. F. Gray who called in Er.
Livermon to sit on the case with him
The case was continued until o'clock
at night in order to get some material
witnesses from Whitakers, where Mr.
Askew runs saloon.
Mr.. Askew and his clerk, Mr.. Ernest
Balm, were ind .cted before Justice j.
A. Perry for selling cider contrary to
the statute. After the hearing of the
evidence they were bound over to court
in the sum of 5000. Mr.. S. J. Stern
stood Askew's bond and Mr.. J. G.
Moore stood Bain's bond.
Anthony Sprulll's case was called at
O'Clock, but the witnesses not having
arrived, his counsel asked a further
continuance. Justices Gray and Llv-
ermon would not agree to continue the
case further, and the defendants coun-
sci asked thirty minutes in which to
make out affidavits why they asked
continuance.
1AU OAO Oh0 Va t41O lilAC UAOy AdO d1il-
davlts ready and outlined what they
proposed to prove by the material wit
nesses for whom they had sent from
Whitakers. After hearing the affids-
wits the Justices decided to go into the
case at once, whereupon counsel for
the defendant asked that the case be
heard before another magistrate.
Justice J. A. Perry was called in and
counsel for defendant lodged the same
motion before Justice Perry-a motion
for continuance OF the case until Tues
day, saying that they needed material
witnesses whom they had not been able
to get to trial. States counsel object
ed to continuing saying they had had
nine or ten hours to get the witnesses
AMI bad not done it. Justice Perry
decided to try the case at once.
The State was represented by Mess
w. A. Dunn and son, Albion Dunn,
Ind Stuart H. Smith. The defei d at
was represented by Mr. Sam A. Dunn aid
his brother, Mr.. Raymond G. Dunn, OF
Enfield. The witnesses examined were
Mess. J. A. Pittman, B. F. Gray, Eugene
Bishop and G. w. Dunn. Their gen.
eral testimony was that the barrels
which the colored man unloaded con-
tanned whlskey and beer, and that the
man said he did not know what was
in the barrels.
Mr.. Askew was called as a witness
for the State and testified that the COL
ored man Sprulll was in his employ
and that the wagon and team belonged
to him and bis brother, J. D. Askew.
He said that the beer was brought to
Scotland Neck for his own use and
that of his clerk, Mr.. Balm.
After all the evidence Mr.. R. c.
Dunn, one of the counsel for the de-
fendant, outlined the argument which
he proposed to make. He was follow
ed by Mr.. Stuart Smith and Mr.. Albi"n
Dunn. The argument for the State
was closed by Mr.. w. A. Dunn. Mr.
r. G.. Dunn then closed the argument
for the defense.
| Justice Perry said he thought there
was probable cause and bound Anthony
Sprulll to the next term of the Supe-
rior court in 500 bond. Mr.. J. r.
Askew stood the bond.
| A similar warrant was issued against
Mr.. J. r. Askew at the same time the
warrant was issued against the colored
man Spruill, but counsel for defense
preferred to try the cases separately
The case was at once called before JUS
tice Livermon, and his counsel, Mess.
S. A. and r. G. Dunn, lodged a motion
for continuance, but they and the
counsel for the State being unable to
agree upon an hour for trial on Tues
day, it was decided to 60 into the case
then,
Counsel for defendant said they
would waive examination and give
bond for appearance at court. The
bond was fixed at 500 and Mr.. S. j.
Stern became bondsman.
The matter was vigorously contested
by both sides, the young lawyers IN
the case acquitting themselves we'll.
Mr.. w. A. Dunn laid emphasis upon
the necessity of abiding by the law
against the selling OF liquor in Scotland