The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-11-27
20 MONTHS OR $1,000.
Robert Porterfield Convicted in Ses.
sions Court Of Violating tho
Dispensary Law.

convicted in the sessions court here
on Tuesday afternoon, Judge Memmin-
ger presiding, Of violation of the dis
ing four counts-including selling,
storing and keeping In possession,
Keeping place where liquor was
Kept for sale, and keeping a place
where liquor was sold-and the jury
conVictlng him on all four counts. He
was sentenced Oh Wednesday morning
| by Judge Memminger to serve five
| months or to pay a fine of $500 on
| each Of the four counts, making an
aggregate of twenty months imDris-
onment Or $1,000 fine. Porterfield
was represented by Col. o. l.. Schum-
pert, who gave notice Of intention to
appeal to the supreme court, bail be-
ing granted in the sum of 81 200, pend
| ing the appeal.
Clifton Smith testified that he had
bought quart Of whiskey from Por-
terfield at one time, and another quart
at later date, and there was testi-
! mony from Chief of Police Adams as
to having found whisl1ey in Porter
| fields secondhand clothing store, on
the charge Of storing and keeping a
place where liquor was kept for sale
and sold. Smith testified. that Ses-
sions and Monroe. the two detectives
who were here some time ago, had
| asked him if he could get them any
| whiSl;nV MI /, of A,>
fields establishment and asked Por-
| terrified if he had any. and he said
that later Porterfield brought the
quart to Smiths store. and that he
tSmith) paid Porterfield $l.5O for the
quart Smith admitted on cross-ex-
| animation that the town council had
had him under indictment for selling
this quart Of whiskey and had return
ed his bond Of 500 and mol pressed
| the case against him, after he had
told where he bought the whiskey.
Porteriield was tried in the mayors
| court on the same charge and fined
| 500.
Judge Memminger, in sentencing
Porterfield, told him that he under
stood from the testimony and from
Porterfield's own statement on the
witness stand that he was an old Of
| fender against the town ordinance
against selling whiskey, and he was
going to give him a sentence that he
hoped would drive him out of the
business. Judge Memminger told him
| that he hoped he would not be able
to pay the fine, and would have to
serve the time OH the chain gang.
"Of course" he said, you may take
an appeal and keep this matter pend
ing III the courts for some time, and
probably you may think that you nev-
en- will have to serve this time, but my
| idea is that you had better disabuse
your mind Of that notion. A man
may violate the law to certain ex-
tent but he is bound to be overcome
| after awhile. You had perfectly
| fair trial here, and you we're defended
by counsel. The best thing for YOU
to do is 20 make up your mind to cease
to be violator of the law after YOU
| nave served your time and expiated
the offence OF which YOU have been
convicted"
Judge AIemminger referred to the
fact that in the argument before the
jury Porterfield had been 'likened to
Chicco, in the city from which Judge
AIemminger came. But, said Judge
Aemminger. Chicco. with all the
means which he at one time had at his
command, had at last been brought
to bay before the supreme court OF
this State for contempt of the proceed
ings Of that court, after having been
shorn of his means by continual viola
ton Of the liquor laws.
Appeal From Mayors Court Dismissed
The appeal in the case of the Town
of Newberry v. Porterfield in which
the mayor fined Porterfield $10O for
violation Of the ordinance Of the town
prohibiting the selling Of whiskey,
was dismissed by Judge Memmnger,
the Judgment OF the mayors court be-
ing affirmed. Col. Schumpert raised
the point In this case that the town
had no jurisdiction to try violations of
the dispensary law, the offence having
been taken out Of the jurisdiction of
magistrates, and the town council
having only such powers as may be
exercised by magistrates. He argued
that the town had no more right to
try man for violating the dispensary
II
ordinance against 1t than it would