The leader. [volume] (Brookhaven, Miss.) 1895-1905, 1905-04-26
MACEE ACQUITTED.


and chat after his Saturday s spree
referred 10, was called upon to
answer ia Mayor Lanier's court 10
The charge of lighting and disturb
ing the peace and required 10 pay
"a fine.
Rowan Cases was an old FASH
ioned, through-and through case
of drunk. He had taken two
small drinks of real red-eye with
Ia friend who had some, and with
these mixed two bottles Of Dunes
harmless, foaming beverage, fresh
of the ice. When be went back
to get a third bottle before be left
town. somebody, he didn't know
who, piled him up in vehicle
and be was unconscious from that
time until lie reached home out in
the country several miles.
IF John Falvey was drunk at
all, it was a gentlemanly sort of a
drunk. He took drink of whis-
Ky that day and mixed a bottle or
two of Dunes carbonated with it
and the effect was stimulating,
but he wasn't thrown of his bal
ance. Couldn't say that the drink
sold by Magee, Of itself, would
produce the same effect, because
he hadn't tested it that way.
OF the numerous witnesses for
the defense not near all were In
PRODUCED. Those that were APP
peared to be in mood to swear
on a stack of Bibles as high as the
Washington monument, that a
mai couldn't hold enough of the
beverage Magee was selling to
produce intoxication. Geo. Sny-
lder appeared to be the star wit
ness relied on to prove this. Sny-
lder testified that he had hung
around Magee's shop all day on
| the 18th and during that time
drank 90 bottles quarts and pints
Unfortunately and that it was
not until late in Che evening when
he began to supplement this with
a case Of whisky be received by
express, that he began to feel like
| he had drank something, grew
hilarious and decided to remain 10
ltown and make a night Of it.
Others had made high scores, but
none equaled Snyder Is.
N. B. johnson, of Fair River,
who seemed to be accepted by
both sides as an authority on mix
led drinks, said be had sampled
Magee's goods and they were
harmless, but he had noticed that
lie man took drink Of whisky,
beer, or other alcoholic beverage
and then mixed carbonated
| foam with it, the result was :
lgIorious drunk
The defendant took the stand
in his own behalf and testified
/ that the drinks sold by him we're
non-alcoholic and >non-intoxicat-
ling, and that he had no thought
or intention Of engaging in q law
less business. He was anxious to
keep a sober and orderly place,
and as proof Of this, declared that
when the drunkenness and disor-
TfdieF at and around ms shop Oh tie
evening Of the 18th became SO no
tieeable, he closed his doors and
/ left in order to avoid being re-
sponsibIe for what seemed to be
brewing.
Counsel for the prosecution
contended that defendant should
be convicted because the city had
made out its case from the eyi-
dence submitted and because Of
the immoral and unsaYory charac-
ter Of Magee's place as shown by
1.-THE evidence, Counsel for de-
PENDANT denied that the prosecu.
tion had made out its case, because
it had not been proved by sin
Gle witness introduced that the
drunkenness shown was due, ID
any case, to intoxication produced
solely by drinks sold BY the de-
PENDANT, and no witness had been
introduced who swore that the
drinks sold BY defendant would, of
themselves, produce intoxication,
even when drank to excess.
The jury retired at the conclu-
sion Of the argument by counsel.
and soon returned a verdict of not
guilty.
The Leader is Of the opinion
that the iury's verdict, SO far as
the charge against the defendant
was concerned, and that was the
IonIy issue before it, was correct,
but If Magee and his place Of bus
mess had both been on trial joint
Il, the verdict, on the testimony
as a whole, should have been in
form and substance about this:.
Ne. the jury, find the defendant
not guilty his joint guilty. 3
A place which after being open.
but the short space Of d week had
drawn around it the swarm of to.
|pers and Che drunkenness that this
place was clearly responsible for,
mo matter what the drinks 1t sells
are called, is a dangerous menace
to the peace and good order of the
city and should be suppressed as a
public nuisance, without undue
ceremony. IF carbonated foam
Tor any other so-called harmless
drink does not produce intoxica-
tion Of itself, as held By Expert
N. B. johnson and others, but
draws every topper for miles
around where ii is sold like val
tures around dead horse, and
then when mixed BIZ such persons