Milford chronicle., 1908-10-30
Surprise for Liquor Sellers.


the camp of those who are inclined
/, break the local option laws OF Delaware
Nearly fifty indictments had bee
found in Kent county against whiske
/ speakeasy keepers, violaters of the loc'
option law, and they all proposed to ec
off by clouding the juries. The mythici
third person was to be Introduced, as wa
the relative question of ownership of th
liquor, on the ground that if the vendO
was not the owner then, of course, ther
was no sale.
The prisoners engaged R. R. Kenney
A. d. Marshall and William P. Shocklel
to represent them, and the lawyers wen
at tbs matter hammer and-toRgs fashion
1t looked like court would sit until Christ
mas and that there might be no convic
Tions, even in cases of the most fagrant
Chief Justice Lore and Judges Penne.
will and Grubb put their heads together
and delegated Judge Grubb to look up
all the law and charge the juries.
Judge Grubb was equal to the emer-
gency, and when it came his time to
charge the jury, he knocked the cases in
to smithereens and convicted the pris-
oners by their own defence.
He simply disclosed the old accomplice
law. published as far back as the Code of
1852.
Of course, under this law, a person act
ing as a go-between that law might be
violated, is equally guilty with the actual
owner or manufacturer. Alter this
charge the effect was amazing. Juries
went down and came back in jiffy with
/ verdict of guilty, and soon dock-full |
lfter dock full of the prisoners pleaded |
,uilty. 1t was one of the most drastic
lights ever witnessed in court here.
The test case-that of the State versus
Indrew Fulman, will, therefore, 60 down
n history as most important in Delaware
and the laughing negro
Tho received the sentence when he saw
he game was up with him, little knew
rat he would go so COnspicuously on the
w pages of the State reports, and that
is case had saved the counties so much
Ipence and annoyance
Judge Grubb charged, after the intro. :
lctory to the jury, as follows:
Before you can find verdict of guilty
this case, the State must satisfy YOU by
a haf ! ]
lie doubt, that Andrew Fulman. the de-
ldant, either sold or assisted in the sale
whiskey, not for medicinal or sacra-
entail purposes, Alexander Roe, the pro-
'uting witness, in this county, as alleged
the Indictment.
The sale of intoxicating liquor, within
meaning and intent of this law NAV
where the owner of whiskey transfers
10 buyer for a valuable consideration,
be paid In money or anything of value
ich he accepts as payment therefor.
In this case the defendent contends
a ground of defence that he was not
owner OF this particular whiskey
t It belonged to another person a man
the name of d 7. Kelsoe, and he
refOr claims that as he was not the
lclpal in the sale of the liquor to the
witness, Roe. that he cannot
convicted by you under this indict-
ut.
A person in whose possession person
roperty is found, such as whiskev, is
umed to be the owner of the whiskev
"a iacle, until that presumption is re-
ed by evidence to the contrary. So
tor you to determine in this case
ther or not the defendent was the
er OF that whiskey If you believe
the evidence in this case that he
not the owner Of that whiskey, but
! only as an Intermediary in a sale of
Whlskev by the owner to the pro-
ting witness, Roe, then you will es-
sh the fact Il at he was not tie own
he question will then arise whether
r the statute and this Indictment
an find the prisoner guilty.
e say to you that a person may be
guilty of violating this law, al
yh he is not the actual owner of the
Key sold IN violation of the law. 1t
[ lndlspensibly necessary to be
n that the defendant was the owner
Aller of the whiskey in order to war.
verdict of guilty, for although the
dant was not the owner and seller
you find from the evidence that he
ID and took pant at any stage in the -
d transaction, when he knew, or -
: !: ! { &: = Il ~ . ! d" j" j. ] ! 4. / !" ! j. . !: : !.
the circumstances ought to have
], that it was a sale of whiskey,
le would be an accomplice under
" and equally guilty with the real
as section l, chapter 1873, of the re-
Code, which l will now read to
rOVides.