The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1909-03-15


the seller The sale ana delivery
we're made II this manner.
Later Jones wis ndicfed Is fed
ierai grand 3ury and SIN later tried ii
llie federal court here with Judge
bafon nfesidlne trial Judge On
The facts as stated abeys ire az
Pendants counsel II d sperts
moved his eohi % nstsaet the iafs.
siiaf t6e sac eharged vas consuns-
niated the piaee s. basiness 4 the
iefenaahe wbere fhs oFdsr was ~
essSed and accepted. ana ne iiaiios
faissf from Inc common stock and d.
;Iisersd ts me common carrier d s.
carried Is die pHrehasgr Al trafton.
Ihe court reused Is giye did +.
10 he 3iiry: 4, 9sshi 81, aetIos
81 III court he defendant eSeebtsll
The court Al the fsqaest III tiie rs,x.
ernment. instructed tie iIIfy. Il, 4 a 4 Il
flaat where the ,iatior a. d 1 rs,s 4; q
ID Ills place 81 bislti u as order for
lBdn5fs fo IS shipped q q. IS. a se
Isepts ne al ,ief. dsiiy rs Inc lIos,,,, "a
the IS insnth carrier ana Il .iis 81, ira
Common carrier Il ans DRIED ri ana
deiiyefed q 4 piase oti,er tiian tl,e
place 81 business IL 4 q slls,,nr i;e5l:
er. and the same Il carried a d Is
and the purchase price coiikete.l Y 50
the common carrier tl;ie sa,ei,is. so,,-
IA shs si6,,,3 81 "a a,t,. a
the common Z carriarr 4 "a s,os i. ire
place received 81 Ii ~ ithe etyins; -
such Instruct 81 the aesendant ~
Ecepted, ahd 81 BINS AZ exseptInns he
instruction refused a. wen a IRE one
given was maze 4 MARI n tba ,scora
verdict az GniIt, .n,re,,a;, 81 q :
The inst,nc,,o,, ,,,.,a, =. 80. !.
feet. a direction d tiSa 3ITy ta. ma
the defendant guilty. A verdict of
guilty was returned by me 3,,,y a,;d
q motion was MADE "a sss ss,Ss 1,,,.
verdict ana grant a new tria1 me
motion was oyerruied ana inaems,,,
entered Of, the verdict q w,,,cS a..
ton the defendant exeebtsS ana Z,
appeal to the annellats coi,-t i 1t,.,,
mond was taken. The defentans ~
up that the court below erred M MOI
giving the instruction he asked M.
and by giving the other one
The point In controversy yvas &c -
where the sale was actnallv n,o5s
The contention of the detendanf Was
that It was made al his 3iaca a.
business here, while Ju1re na,,or
held that the sale was made a. r:,af,
ton. when the liquor was ds;;,e.rss
ana the price collected BY the exnrsss
company. ana h t,,sS.o !, ~ -
press Agent Hayman # a.. ~. 40
stands indicted AZ one whss 49, Il 4
make the sale.
Mfr. sperry in his brlef nrsssntsa -.
the court the. accsp "A role .Sat q; =
a bargain and sale, t,,,,,s, ,,,',,, 81.
is the subject az tbe i. - a -
the property 81 Ire sbnvss ~ ...,.g
ment ithe contract Is consl u a. s,, ,ss
out regard 10 The faet ,spsthas' az. az
goods be delivered "a Inc h,,s,a,. -
main in the rossesSsIos,- "a ~ az ss,,t
IN cases wherein 'tbe ibiny -, soia go, -.
sists OF single ehatls,. "a sstu . so'-
when the thing sold cops,s,. 80 80.
of a bllk ~ saosess sss,sss % . 'paft
and the sale Is complete ,she 80, -
goods are segreeatea from ths ~ ~ s..s
mon buiR ana "a as,1a q, a., si :. sS III.
chaser. although theye rs,na,,' ,s T., pss-
warehouse Of tbe sAi,er as5 = sas
Their delivery Il mads - $50 ., ~ iur-
chase price maid. N,,raro,," ne pus-,
were cited by him n smn s.St' ). Uses ssss
principle uppoft q TINS