The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-01-31
THE SESSIONS COURT.
Ed Jesse Acquitted of Murder-D. G..
Livingston Acquitted of Violat-
ing Dispensary Law.

The court Of general sessions fin
i>h"d the business before ii Oh Tues
,&v af:rrHGuM and adjourned sine dir
ii WAS necessary TO continue 4 nl,:.i-
Der OF cases Of account Of the alb.
sence Of Mr.. Cole. l.. Blease. in the
State senate. and for other reasons.
and there were not many cases which
coul.l de disposed Of at this term.
Several cases We're tried, however,
and the calendar was somewhat. To-
litvel In many Of the important
cases Mr.. BlcaSc was counsel, and
these cGuld not be forced to trial
while lie was absent engaged in the
discharge Of public duty.
Ed Jesse. colored. was acquitted Of
murder ON Tuesday morning. Jesse
killed another negro, John Hardy, on
Mr.. I. O. Whittle's place, il August
Of last year. The eye witnesses to
the killing made out, in the opinion
of the court, case of self defence,
and at the conclusion Of the States
testimony Judge Gage directed the
Jury to write verdict Of not guilty.
The defendant was represented by
Eugene S. Blease, Esq.
Jake Byrd. colored, was tried in
his absence on the charge of trans
porting contraband liquor from Lau-
rens county into Newberry county
during July Of last year. Byrd was
captured by two Laurens officers while
Byrd was on his way to Vaughan
vile on Sunday, going to church with
demijohn and a quart and pint.
He was convicted. and a sealed SEN
tence awaits him. He was under
bond for his appearance at this term
Of court.
AIr. d. G. Livingston. Of the Dead
Fall section of the county, was tried
Oh Tuesday morning on the charge
Of violating the dispensary law. Mr..
Livingston was acquitted. He was
indicted in three counts, one charg-
ing selling a drink labelled "sarsa-
parilla, - containing alcohol, another
charging him with storing and keep
ing alcoholic liquors, and another
with keeping place where alcoholic
liquors we:e sold. hartered and Civ
en- away. Bottles were introduced
in evidence as having been sold by
Mr.. Livingston, containing the fol-
lowing label: "Sarsaparilla Tonic.
Extract With Iodide Potash. % per
cent Alcohol. Sugar Coloring Prepar-
ed by John B. Daniel. Atlanta, Ga.
A Blood Purifier. Dose.-One table,
spoonful three times day until re-
lieved No. 1910. Guaranteed under
tle Food and Drugs Act June 80,
l906.' Constable T. G. Williams tes-
titled that the sale Of this stuff had
been reported to him. and he had
warned Mr.. Livingston, but that Mr..
Livingston continued to sell it..
Messrs. O. R. Dawkins and T. Scurry
Coleman testified that they had
bought it from Mr.. Livingston to
| drink as substitute for Whiskev
when they were getting off drunks.
On cross examination Mr. E. S.
Blease. who represented the defend
ant. produced a bottle Of Vinol,
labelled IS per cent alcohol. and ask
ed Constable Williams if he knew
that was being sold in Newberry. Mr..
Williams said he would investigate it.
H also produced mouth wash label
led as containing 6S per cent Of al
cohol. and asked Mr.. Williams if he
knew that was being sold in Newber-
~. Mr.. Blease's position was that
some alcohol was necessary to pre-
serve medicines. ana certainly there
had been no intention on Mr.. Living
stcn's part of violating the law.
The defendant offered in testi-
mony. The jury remained out only
few minutes before returning a ver-
dict of not guilty.
Several appeals from lower courts
were dismissed by Judge Gage on
Tuesday afternoon, on the ground
that they had been on the calendar
more than two terms without tor
NAL order continuing them. This ac-
ton afirms the Judgment Of the low
er court in these cases.