The Montgomery advertiser., 1907-01-25
BEAUVOIR CLUB LOSES APPEAL Supreme Court Affirms
 Decision. THE EFFECT IS STATEWIDE
Can No Longer Sell Liquor on
 Sunday.
opinien of High Tribunal Holds That Charter Cannot Give Rights in
 violation of statute--Nesro Must Hang.

The Supreme Court decided yesterday. in an opinion handed down by Justice Denson. that the Beauvoir Club of Montgomery cannot sell liquors on Sum day. The decision came up on the ap- peal from the conviction of the Club last August, of a violation of the State Sunday law and the administering of fine of $50 by a jury in the Clty Court of Montgomery.
 The decision. while applying directly only to the Montgomery Club, VIII De received with a great deal of interest by ciubmen in all parts of the State, as 1t has been the custom Of pfaxticaliy all clubs to provide their members with drinks on Sunday, refusing to regard their establishments as coming under the provisions of the general law pro hibitipg the sale of liquor af any place on the first day of the week.
 The Beapvoir Club was indicted by the grand jury that was convened by Judge Thomas for the July term of the City Court. the indictment being re- turned to the Court July N. The at- torneys for the Club at once began , legal battle to prevent conviction, but ! Solicitor Dent was successful in ms fight to convict the Club.
 The main reliance of the attorneys for the defense was the charter of the Club, granted by the State in which 1t is provided that the disposal of H. uuor and cigars to the members. should not be considered their safe, but as the consumption of those commodities by the owners thereof. The City Court however, held this charter did not give the Club and its members any right to t-ersgress a positive law of the State, prohibiting the disposal in any manner fafn an tls preme court nas now affirmed the de- cesion of the lower court in the matter,
 TWO other criminal cases from Mont- gomery City Court were affirmed by tine Supreme Court yesterday. Robert williams, sentenced at the April term of the court to three years for the crime of btgamy ,and Will Dupree, who was given six years for burglarizing the store of Griel Brothers Company, and stealing ten gallons of alcohol, crate of hams. and 100 pounds of ba- con, must both serve out their sen- tences.
 Andrew Thomas, Mobile negro, who shot and killed his wife, Harriet Thomas, at their home, May 3, 1soe, must hang for his crime. He claimed he had shot his wife by accident, while the two were grappling over his pistoi, but other witnesses swore his crime was deliberate, and he was sentenced te be hanged.
 The attorneys who had been ap- pointed to his defense, appealed to the Supreme Court, but the court, in an opinion handed down yesterday by Jus tice sDenson Affirmed the lower courts decision, and fixed March IS, 1907, as the new date of execution
 The list of decisions handed down yesterday by the Supreme Court fes- lows:
 rrxnaY4 ~
 |, V. Bradford V. The State of Ala bama, appeal from Montgomery City Court; affirmed.
 Robert w. Hall V. The State of Ala bama, appeal from Walker Law and Equity Court reversed and remanded.
 Susan P. Maxwell V. Rosa Herzfeld. appeal from Coosa Chancery Court; af- firmed.
 Haralson, J.
 Eddie Payne V. The State of Ala bama. appeal from Butler Circuit Court; affirmed.
 Will Dupree V. The State of Alabama appeal from Montgomery City Court; affirmed.
 Robert Williams V. The State of Ala bama appeal from MontgorAery Circuit Court: reversed and remandea.
 Simpson, J.
 Frank Johnson V. J, R. Porterheld. Admr, appeal from Butler Chancery court dulrLueu. .. Company, V. Mertz, lbach and Com pany. appeal from Mobile Circuit Court; reversed and rennanded.
 Aaron Johnson V. The State of Ala barna, appeal from Montgomery City Court; affirmed.
 Joseph Patt V. William Gerst, etc. appeal from Mobile Circuit Court; af- flrmed.
 nenson
 Andrew Thomas V. The State of Ala bana, appeal from Mobile City Court; affirmed. March 15, 1907, is the day fixed by this court for the execution.
 Beauvolr Club V. The State of Ala bama, appeal from Montgomery City Court; affirmed.
 Alvin olderson V. Town of Prattville, appeal from Autauga Circuit Court; af- firmed.
 Surry Allen V. The State of Alabama, appeal from Limestone Circuit Court; reversed and remanded.