The Washington times., 1905-01-07
CONVICTION IN
LIQUOR CASES
Murd0ck's Sentence Thirty
Days and $4,000 Fine.
JURY WAS OUT ALL NIGHT
Congratulated by Attorney Mackey
Defense's Motion Set Aside, Yer
dict Dismissed by Court.

jury III the circuit court OF Alexandra
county this morning found Lewis Muir
dock guilty as indicted, of selling liquor
Without license, and assessed a fine of
Indictment. Judge Nicof. in accordance
with the law, imposed an additional SEN
tence of thirty days in jail.
This case, the first step in the move
raent of MIR. MacSey against the law
less resort. of Alexandria county, was
brought before the court On Thursday
when Murdoch and the Hiawatha Social
| Club We're Co-defendants in an indict-
ment charging them with the sale of
spirituol.s liquors without license
As the result of a demurrer presented
by the attorneys for the defense, the
club was released. Judge NieoI deciaine
| that the offense charged in the indfct-
nent against the club was not legal
case
The defense tken>presented demurrers
to the retention 0f Murdock, claiming
that hes an empIoye, was not legally re-
sponsfble- This plea was unsuccessful.
however, and the case went to trial.
|! Verdict Stands.
Mr. Burke, one of the ATTORNEYS for
! the defense, moved that the verdict be
/
fine imposed by the jury was excessive
that its decision was contrary to in
! structions and the result of prejudfae.
In reply Mr.. Mackey thanked and
eon,plimented the jury.
1T does not, however, make much
difference. he said Two thousand or
twenty thousand dollars IS nothing to
| these people. and business will not be
StODDe6 even for ono
Some one else viii paw his fine and
everyone knows it, The only way in
which this gambling r,ly De stopped is
TO put the men in prison.
Judge Nicol refused TO set aside the
verdict, and sentenced the defendant. in
addition TO the fine, 10 thirty days In
the county jail
| Considerable doubt was expressc 4 that
conviction would be returned. The
jury, locked up yesterday afternoon.
had not reached a decision when called
on at 10 O'Clock last night. Judge Nicol
established new precedent In Alexan-
dria county by ordering the jury locked
up for the night
Inc retention of jury over night
Is an unusual proceeding in ordinary
nlsdemeanor cases, and was no Doubt
ordered by Judge Nicol on account of
the direct connection of the Murdock
case with the proceedings now being
waged by Commonwealth Attornay
Mackes against the alleged esmb!i,,g
resort of st. Asaph.
Case Contested.
For the same reason every step in the
case was bitterly contested by the at
'oIneys Tor the defense. Demurrers to
each of the counts in the Indictment
were preseated, followed By three
special pleas urging that Murdock he
feieased The first plea asked release
on the grounds that the alleged viola
tlon OF the law, having occurred within
one mile OF Alexandra, was beyond the
jurisdiction of. the circuit co,1rt and
shoaid be tried by the authorities of
that place.
The second plea asked release on the
ground that Murdoch, being an t<nnIove
of the Hiawatha Social Cl,,b sa6
pursuing his duties as an employe. was
not culpable
The third plea declared the Indictment
10 have been improperly found nv the
grand jury. The jurors. according To The
statutes. of Virginia, should be ratiahIv
chosen from the various districts and
this the defense claimed was not done
These pleas were set aside.
While it was proved by the defense
that the jury had not been reliably Sc
lected according to the law, Judge Nico1
decided the statute to be advisory rather
than directory
Plea of ont Guilty.
The defense finally entered a plea of
not guilty. and the matter went before
the jury. Five witnesses Were called by
the prosecution. Three OF these testi-
fed 10 having bought drinks at the bar
OF the Hiawatha Social Club. when they
were not members, and one idert.fied
Murdoch as the man who sold the LIQUOR
1t was also testified by Revenue Com
missioner c. B. Graham that no license
bad ever heen anrlied for or. or, r,tc.i =