The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-21
ARE TREMBLING
IN THEIR BOOTS
Whiskey Cases in Gull
ford Criminal Court.
AN HISTORIC CASE
Negro Convicted of Retailing, Who
Took SO Cents, and Bought Quart
of Whiskey in Winston for Per-
son in Greensboro. Simmons
Hardware Co. in Court.
Hardware Co. in Court.
Especial to News and Observer.

Especial to News and Observer
Greensboro y. c., Sept. 20.-The
Superior court i'm session this week,
is grinding away on misdemeanors,
principally for the violations of the
laws against stealing. fighting, disor-
DERBY conduct, and the prohibition law.
But few sentences have been imposed,
the heaviest yet being five years on
the roads against John HairstOn; col
orcde, for larceny. The liquor cases, at
least those of defendants in Jail, have
been the star features of yesterday and
today. From what Will Raney got
yesterday, sentence for twelve
months for retailing, other defend
ants men and women, are trembling
i'm their boots for what is coming to
them from Judge Shaw.
There are so many public and local
laws about prohibition as the result
of recent legislation, it is next to i'm
possible for a Greensboro citizen to
know whether he is criminal or
law-breaker or not. unless he is a
complete teetoler," was the complaint
of an attorney this morning while try
ing to find out what sort of crime
his client was guilty of, under the
bill of indictment.
=
il not politically historical, was that
of Westly Smith. tried and convicted
this morning of retailing. Solicitor
Brooks Introduced one witness who
testified that ne gave Smith fifty cents
as he was going to Winston and asked
him to bring him q quart Of Whis-
key ON his return and he paid him
nothing further. The State then rested
its case. Col. Barringer introduced
flnA If Hon 10
accommodated the witness by taking
his money. That he paid fifty cents
for the quart of liquor at Reynold' S
bar in Winston and did not charge
the witness a cent for his trouble but
gave the whiskcy to him on his re-
turn to Greensboro. This was the
case.
Col. Barringer made a long, argu,
ment on request of the court to
charge the jury that under the evil
dsnce the defendant was not in law
guilty of retailing. Judge ShaT- re-
marked that he was guilty Of aiding
and abetting which principle was as
old as the, hills. Col. Barringer re-
piled that the Supreme court in very
recent decision had expressly said that
where the obtaining of tho liquor
might have been unlawful the defend
ant who acted for another without
reward, was not an agent OF the. seller,
but of the buyer. That the present
case came under the law PASSED to
override tne Supreme court decision,
but that law said the obtaining had
to be done ualawfully and illegally,
whereas, Smith obtainod the liquor
lawfully and legally in a licensed bar
room in Winston.
Solicitor Brooks contended that. the
Winston bar-keeper was indie fable for
selling the liquot and besides defend
ant had not proved that the Winston
bar-keeper had a license to sell. Judge
Shaw charged the jury that il they
believed the evidences. defendant was
guilty. Col. Barringer gave notice of
appeal and will take the case to the
Supreme court. If it is the law a
great many good men: here are crini-
nails without knowing it,
While the above is an exact state
ment of the facts of the case it does
not however, prevent the Iudicrous
features of the trial. The defendant
Wesley Smith. is an old time fool
niger" who is draft when he de-
Sires to be- but said to converse with
remarkable sense and LUMINOSITY il
there is any business doing. He is
the delight of the children and the
cooks whom he often entertains from
the side walks of the residence
streets with his various kinds of Ian