The Birmingham age-herald., 1909-01-12
NEAR BEER COMES
 UNDER BAN OF LAW
So Holds Judge Mabry of
 Selma Court
CHARGES THE GRAND JURY
Present Session of Court Is Important As 1t Will Probably Furnish Test Case for the State Supreme
 Court.

Selma, January 11.-(special 1.-The as- sembling of the city court of Selma to- day at Il o'clock and the impaneling of the grand jury is likely to mark an epoch in regard to the observance of the pro- hibition laws not only in Dallas county but in Alabama. It is the first grand jury to be charged by judge since the prohibition law took effect and under the charge of Judge Mabry 1t appears that the sale of near beer is a violation of the provisions of the Carmichael law He states that near beer is merely trade name but that section 1869 of the code makes 1t illegal to sell or give way hop jack. hop ale or malt tonic in prohibition districts and if near beer is the same beverage it comes under the ban
 Judge Mabrys charge in part was as follows
 Gentlemen, you as jurors need no in structions as to your duty, for you know well what it is. One of the chiefest of that which l wish to direct your at tentions to, Is the 'stuffing of witnesses, so to speak. No man has the right to discuss the merits or demerits of a case with witness, neither can he justly try to influence the testimony of that wit ness. man so doing is guilty of a misdemeanor and should be handled ac- cordingly. It is further an insult to the integrity and intelligence of a juror. The intimidation of witnesses, as has been the he peace, should be looked into A witness should be absolutely uninfuenced," said the judge.
 Continuing further he said in part: ITO indict, the verdict must have the sup port of 12 men. It is your duty as jur- ors also, to thoroughly investigate the county jail, ascertain the number of in- mates, see that they are properly fed see about the sanitary conditions of the jail. Investigate the sheriff's books and see about the provisions he's making for the prisoners. etc.
 Use discretion in msdemeanors Vio- lation of the prohibition law and the pistol-toting law is felony and you cannot use discretion in a case of fel- Ony- lHNtSllBdlt lne COuulIlOn or the public roads of the county, for that is an absorbing topic with the people at this time.
 And now, as to the prohibition law It Is against the law of Alabama to sell intoxicants, except alcohol upon the pre- scription of a physician, and that pre- scription cannot be duplicated for the same purpose, and except wine used for mental Whether this ia good law or a bad one is not for us to decide here. The people have so willed 1t and they are able to take care of themselves, and If the law is unsatisfac- tory 1t is up to the people to repeal 1t. But it behooyes you as jurors to see that the law is impartially enforced, to a letter, whether the violator be rich or poor prince or potentate. Section 7369 of the code makes it illegal to either sell or give away hop jack hop ale or malt tonic or any beverages of that nature. AS to near beer, that is merely trade name and not legal or technical term, but if you find that it should come un- der the head of the first named beverages 1t is a violation of the law and it is your duty to see that such cases are properly brought to justice. These drinks are mere subterfuges, conceived as a cover from the prohibition law, and should be thoroughly 1atnomed
 "The game law should be rigidly en- forced against all alike No man Is above the law.
 Many cases coming up from the jus tice courts are frivolous and you may use discretion as to their respective mer- its. However, all cases coming up from that source are not unworthy and should have your attention.
 The health laws of the state should be investigated and you should see about infectious diseases, etc
 frhe law against the sale of cocaine morphine and opium should be rigidly enforced druggist cannot sell either of the drugs except upon the prescription of a physician and that prescription can not be duplicated for the same person. Especially should the sale of these items be prohibited in the case of negroes, for when a negro gets the stuff in him he is uncomfortable vicious and is ready for brutality. Neither does it do the white man any good
 "The law against gambling should cer- tainly receive your careful consideration, especially in the case of young boys gambling, if there be any"