The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-07-04
CASES AGAINST MIR. WEST.
Hearing Before the MayOr-Mr. West
Gives Bond i'm S1.0O0-MoOre's
Bond Forfeited.
Especial to News and Observer.)

Especial to News and Observer
Greensboro, n. c., July 3.-The
hearing of the twenty cases piled up
against Mr.. Tom West charged in ten
warrants for retailing liquor, and in
ten for carrying on business without
city license took place before Mayor
Murphy this morning.
The evidence in only one case was
heard. City Attorney Scales introduced
witnesses who Swore that one of them
! carried a bottle of liquor to West and
got him to mix drinks for two. They
took the drinks, paid West for his
glasses and mixing, and walked out
with the balance of the whiskey, but
did not buy the whiskey from West or
place it in his possession. West did
not introduce any evidence.
City Attorney Scales insisted that
under the law of the last legislature,
West was guilty of retailing because
he was made prima facie guilty of re-
failing by handing the liquor to the
Witness and he had not rebutted the
presumption of guilt by proving that
he was not guilty. Attorney j. A..
Barringer, for West. cOntended that
even if a law which destroyed the
fundamental right of a citizen to have
guilt established beyond reasonable
doubt before he was adjudged a GRIM
inal or before he was called on to es-
tdDl1Sn MS lllUOcellce WAS COHSlitullOli-
al, the testimony of the States wit
nesses themselves rebutted the pre-
! sumption of a sale which the law
| created, for they swore that the whis-
| KEY was theirs and West only mixed
| two drinks for them.
West was bound over to court in
| the ten retailing cases, giving bond
| in the sum of fifty dollars in each case.
| When the next ten cases were called
e.Di1 hi 11in n
waive examination in these cases, and
give the same bond in each case that
| had been given in the others. M.
andScales contended that the mayor
| had jurisdiction in these cases, as they
were for violation of city ordinance.
] and the fine in each case being nifty
| dollars the mayor could act and nor
| bind over to court. Col. Barrlnger IN
sisted that the law recently passed by
| the board of aldermen for the purpose
of catching West, made the failure t"
| take out city license to carry on
business in the city a misdemeanor
and did not prescribe the punishment.
The city charter was then searched
and the new ordinances also, and Mr..
Scales pressing his point no further.
| the defendant was allowed to give
| bond, making his bonds for appear
ance at court in all the cases 81 ,0Oo'
So the corkerage will be out of busi-
ness until the next term of the Su-
| perior Court certain.
Moo-e's Bond Forfeited.
Today having been set by Justice of
the Peace Collins by request of counsel
for w. p. Moore, indicted for seduc-
ton under promise of marriage, to see
if the defendant would not come back,
when the case was called this morning
Moore failed to show up, and his bond
for two hundred dollars was declared
forfeited and judgment taken against
his surety, who is perfectly solvent.
Mr.. II. o. Carter an inventor and
prominent machine man of New York,
is here prospecting with view to es-
tablishing an automobile factory in the
South He has just returned from a
visit to several other cities and seems
much impressed by this location and
inducements being held out. His firm,
the American Manufacturing Com
pany. of Washington. has capital of
one million dollars. and is desirous of
establishing branch factory in the
South
Program for the Fourth.
This correspondent did not know
until he received a letter from Major
w. a. Graham. stating that president
OF the battle ground. Morehead, had
notified him that the Davidson monu-
ment would not be ready for unveiling
July fourth, that such was the case
The hope of having the Nash arch
was abandoned two months ago, but
nobody thought the Davidson one
would fail to be ready, and Major
Morehead neglected to let the news
men know this fact in time to prevent
their sending out reports. The cere-
monies tomorrow, however. will be as