The herald and news. [volume] (Newberry S.C.) 1903-1937, 1908-11-27
20 MONTHS OR $1,000.
Robert Porterfield Convicted i'm Ses.
SiOnS Court of Violating the
DispenSary Law.

| convicted IN the sessions court mere
on Tuesday afternoon. Judge Memmin-
ger presiding, OF violation Of the dis
pensary law, the indictment contain
ing four counts-including selling,
storing and keeping in possession
keeping a place where liquor was
kept for sale, and keeping place
where liquor was sold-and the jury
convicting him on all four counts. He
was sentenced on Wednesday morning
by Judge Memminger to serve five
months or to pay fine of $500 on
each Of the four counts, making an
aggregate of twenty months impris-
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 $1,000, 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 whiskey 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
whiskey, and that he went to Porter.
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
(Smith) paid Porterfield $3.50 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.
Porterfield was tried in the mayors
court on the same charge and fined
s1O0.
Judge Memminger, in sentencing
Porterfield, told him that he under
stood from the testimony and from
Porterfields 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 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 on the chain gang.
"Of course" he said, "you may take
an appeal and keep this matter pend
ing in the courts for some time, and
probably you may think that you nev-
er 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 a perfectly
fair trial here, and you were defended
by counsel. The best thing for you
to do is 10 make up your mind to cease
to be violator of the law after you
have served your time and expiated
the offence of which you have been
convicted"
Judge Memminger referred to the
fact that in the argument before the
jury Porterfield had been .likened to
Chicco, in the city from which Judge
Memminger came. But, said Judge
Memminger, 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 800 for
violation of the ordinance of the town
prohibiting the selling of whiskey,
was dismissed by Judge Memminger,
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