The Montgomery advertiser., 1906-08-09
THE BEAUVOIR FOUND GUILTY Social Club Sold Liquor on Sunday. FINE ASSESSED AT $50 Standard Club Case wal Rest on
 the Appeal. Secretary Jackson Testiaes That whis- key Was Sold, But Claim.
 Charter Exenspts the
 Club from Law.

Acting under the affirmative charge delivered by Judge ". H. Thomas, a
 jury in the criminal division of the City Court yesterday found the Beau rvoir Club, one of Montgomery's fore
 most social organizations, guilty of
 selling liquor on Sunday and assessed a
 fine of $50 and costs against the Club. Tho case was appealed to the su- preme Court by counsel for the club. and
 upon the decision Of the Supreme Court in this case. rests the guilt or inno- cence of the Standard Club of Mont- gomery. also charged with selling liquor on Sunday. By agreement of counsel, the case against the Standard Cub was con tinued until the next term of the City Court to await the Supreme Courts de- cision in the Beauyoir Club case. Demurrers of the Club. The greater part of the time. dur ing which the case was before the City Court, was consumed in arguments by attorneys before Judge Thomas, seek ing to establish the unconstitutionality of the act of the Legislature of 1903
 making it unlawful for liquor to be sold on Sunday. Judge Thomas over- ruled all demurrers offered by the att torneys.
 They were as follows:
 E1fSf--cd4u f1ulCtIuCBli tdiio IC sAAtS that at the time of the commission of the offense charged, the defendant was merchant or shop keeper.
 IS econd--That SO much of the act ap- proved February 23. 1903. entitled An act to prohibit the sale of liquor and punish the keeping open on Sunday a bar room. or other place. for the sale of spirituous. vinous or mat liquor, is unconstitutional. in this, that said pro- | L f~ nlN las fEs title
 s'Third--The act approved February g. 1903. entitled. An act to prohibit the sale of liquor on Sunday is uncon-
 stitutional in this. said act contains more than one subject.
 fFourth-said indictment charges no offense known to>the law of the land" With demurrers overruled. counsel for the defense entered plea that the club was exempt from the law. owing to its charter. This point was argued some time after which Judge Thomas announced he would hold that the char. ter of the club did not exempt it from the operation of the law prohibiting the sale of liquor .on Sunday. The legal parties completed the trial of the case before the jury was be- gun about 1;15 o'clock and evidence was offered
 HeEEGNNET 9NGAk4OM 1GNgtMCus W. L. Jackson. secretary of the Beauvoir Club, was the only witness He was called to the stand by the | State and testified that the club con- duets a bar room and that liquor is sold there on Sunday. He said that the liauor is the property of the mem bers and is sold only to them. All of this testimony was given on questions asked by Solicitor Dent. The defense | | In answer to a question propoundeo by the Solicitor, Mr. Jackson admitted | that other employees of the club, in ad- | ditfon to himself had sold liquor al | the club on Sunday. 7G The evidence of the witness combined with arguments of the attorneys last cd about a half hour after which Judge I Thomas delivered the affirmative charge | for the State. returned a verdict of guilty at o'clock | The fine was assessed at $50 and an l appeal was announced by counsel foi the defense, | Attorneys representing the Beauvoii | Chnb were Judge T. Scott Sayre, Gas | ton Gunter and Ray Eushton. Lee H Well and Leon Veil were in court in behalf of the Standard Club. | The State was represented by SO | ncltor bent anu HIS o7SiSNohe' | Seibels.
 The appeal to the higher court will
 be based on the demurrers and the ples of exemption entered by the defense. | The Beauvoir and Standard clubi
 were indicted by the recent grand jury
 of Montgomery County on charges o
 selling Iiauor on Sunday. Owing tt
 the popualrity and prominence of boti organization the cases have attracted | widespread interest. not only in Mont gomery but throughout the State, ant a large number of spectators were il court yesterday to hear the proceed ings.
 l The jury. which tried the cas' against the Beauvoir Club. was com
 posed of V. Noble. W. G. Clark T. )
 Graves, W. D. Galloway, R. E. Gar
 rett. g. D. Pollard T, R. Folnnr. D
 W. Owen, C. A. Grifith, H. w. Aus
 tin, J. M Barnett and J, M Farmer.