The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1905-05-19

! PHYSICIANS prescription and under the
/, provisions hereinpefore described then
such delivery shall be prima facie ezi-
dence Of the sale of said liquors con-
+. trary to law
| Section 120 That whenever any
| policeman, constable or other officer
snail have in his possession a warrant
! against a person. firm or corporation
Tor retailing liquors contrary to law,
the said policeman and other officers
SHALL have the right to search the
premises of such person, firm or cor
poratlon for the purpose of discovering &
| II intoxicating liquors are stored or
| kept upon the premises, and shall
| seize all such intoxicating liquors so
discovered and store the same, as di-
rected by the court, before whom such
| warrant is returnable and shall give
| notice for ten days in a paper publish
| ed in the city Of Greensboro Or at the
court house door in Greensboro naming
the time and place at which proce I'd
ings will be held to determine whether
or not said liquors shall be forfeited
and condemned, and if claimant
| should appear at such time and place.
then the court shall proceed to Try
the question whether or not said IL
quors were held for the purpose Of
| illegal sale, and the burden of proof
shall be upon the claimant, and if such
| claimant shall fail to prove that such
! liquors were not kept for said purpose,
| then the fact Of their discovery, TN
| der the conditions hereinbefore set
forth, shall be prima facie evidence
that they were held for such Illegal
1 fIof 60 of x1o,,
cry, under the conditions hereinberore
set forth, shall De prima facie evidence
| that they were held for such illegal
purpose and the court may declare
them forfeited
The only part of this law the police
man had observed was the breaking
| into the house, which he did he said
under authority from the city attorney
and Selling the defendants goods. He
| had not hay any trial as to the right of
proving it his property as section pro-
vided, that part of the law having
been disregarded or overlooked. Judge
PEBBLES asked if the Supreme court
had ever passed on such law. ari
was told no. He then said that he
had taken an oath to support the con-
stitution of the state and the United
States and in his opinion the amend
| ment to the charter was in contra
| ventiOn Of the constitutions of both
| the United States and of that cf
North Carolina and hat he would uOt
permit a conviction under a law that
permitted an officer without a search
| warrant on sworn affidavit according
| to the bill of rights to break into d
| house, seize and confscate a private
citizens property and at the same time
manufacture evidence against him and
then deprive him of the constitutional
| right of a presumption of innocence,
going further and putting the burden
| of proof On him, and making him pri-
ma facie guilty with no means Of es-
tablishing even his innocence. He al
SO said it occurred to him that the
sanctity of the homes and the rights
of property and liberty of the plain,
| ignorant, humble people of this coltn-
try might be given little considera-
ton instead of bestowing it all in ef-
forts to manufacture evidence against
some worthless man for violating a
law against the sale Of liquors; that
violators of the prohibition law should
be caught and punished,b b ut that it
q
sacred law in order to make case.
| The remarks of Judge PEBBLES ere
ated something of sensation, but this
did not compare with the surprise ex-
pressed by almost every lawyer pres
ent at the existence of such law on
the statute books. On Thursday there
was another sensational climax to the
trial of another batch of retailing cases
| in which the same spy Or detective,
! Joe Stroud was the only witness. he
| swOre about as N had done in the
case against the woman Monday which
/ the judge set aside the conviction in
on Tuesday. Joe was fatty contra
dicted by four witnesses who swore
that he came in where they were hav-
| ing a dance and was given two drinks
in social enjoyment and from friendly
| spirit He had before testified that he
didn't carry any liquor out to the wait
| ing officers, but put their money in
/ his pocket, blowed his breath in their
faces to show he had bought the liquor
and earned his reward. When the de-
| PENDANTS had concluded their testimony
Judge PEBBLES charged the jury, and
| State Senator Scales. who was acting
/ for the solicitor, he being also tte
city attorney and the attorney for the
law and order league having in charge
the detection and prosecution of vio-
lators of the liquor law, said that UNI
der the judges charge as to the law
he would not ask the jury to convict
and the defendant was ordered dis
, charged There were several other
cases of the same order, with Joe as
the sYar Witness and at Judge PEBBLES
suggestion verdicts of not guilty were
entered and the prisoners released.
Judge PEBBLES then issued bench
warrant for Joe Stroud for perjury: he
was placed in custody and in default o1
two hundred and fifty dollar bono
was sent TO Jail to answer at uex1
term of court on charge of perjury.
Judge PEBBLES then said: Mi
Scales, am sure you are entirely con
scientious in your efforts to enforce thu
ho dot n