The Montgomery advertiser., 1909-12-14
|CANTY LUCKY; NICK UllLUCKY Policeman Knows Whiskey
 on Sight TSTIfIES AS AN EXPERT Captain Smith to Rescue h Re
 cerder's Cont. Negro Gamessers ars Ifn.1ed Ffnss and tAe csdi h v.ry salty re- ward These cs.vies.d of
 carryi.s Pistels II
 Their CistAes.

If all the fines made by the Recorder Monday evening are paid. the city treasury will be the richer by over $500. There was a long docket that occupied the attention of the court for three and half hours. one of the long, est sessions for some time past. The cases ranged from just plain drunks through the line of misdemesnors. talk ing in disorderly conduct cases. assault and battery, fighting. gaming. larceny and grand larceny. violations Of city ordinances and cases of violation of the prohibition law.
 The heaviest fines went to Charlie Nick, of 303 Houston Street, who was required to answer to two charges, one for keeping prohibited liquors in q soft drink establishment. and the other for selling liquors. Tn each case he was fined sloo, and took an appeal. the Recorder fixing his bond st $500.
 Nick's case proved to be the most in- teresting one of the session, chiefly because his counsel endeavored to have him held for the grand jury. Attorney Foster appeared for Nick and disputed the Recorders Jurisdiction in the mat ter, declaring that 1t was case for the grand jury to decide as regards the indictment against his client.
 Ahu ANcCurucf neiu &tHSTWlset stdt- ing that. under the law, he had juris- diction in the case and would proceed to listen to the evidence. unless Nick wanted to enter a plea of guilty. Policeman Sykes told the court that he had watched Nick's place of busi- ness, and. being convinced that he was selling whiskey and had some of it stored in his place. sent for . search warrant and on obtaining 1t had found | . barrel half full of whiskey.
 Attorney Foster raised the question as to how he knew 1t was whisisey. and after some discussions on this point. Captain Miles Smith. who was present when the search was made. and who came to the police station with the wagon that brought the barrel there. asked the court to take recess
 while he went to that barrel for a sample. This the court did. Taking a witness with him. Captain Smith went to the, barrel and brought some of the liquor contained therein into the court room.
 Here again another question arose as to who could prove 1t was whtskey. This wag Policeman Canty,s Inning. Hc told the, court he could tell whether it was whiskey, that he was Q good judge of whiskey, and he would be ready to swear to any statement he made
 about it. He was ewern. and then ask- ed, to 4sste the liquor. which he did I promptly < propanncihg 1t whiskey. Policeman Sykes was recalled and stated that the place where he found
 the whislrey was not dwelling house
 but store. That there was a room in
 the rear of the store in which Nick slept, but the whiskey was not found
 there, 1t was under the counter in the
 store proper.
 George Jones. negro. was sworn, and produced an original half pint package, which he said he purchased at
 Nick's. Policemen Canty was again
 brought Into requisition to test this | liquor and tell the court whether it | was whiskey. He said 1t was also tiiat
 he knew the brand, and that 1t was the whiskey designated by the label. Asked
 whether he could tell the brand of the
 whiskey in the barrel he said he could not, but that 1t was what Is generally
 called "pop-skull."
 | This concluded the testimony, and the judge fined Nick.
 l The cases against the negroes ar-
 rested in the raid made on the Lower
 wetumpka Road Saturday night were
 called. Two of them, George Ward and
 Butler Wheeler. were not in court
 They had been bailed out. J. N. Jen- | kins appearing on their bonds. Cap-
 tain Smith asked that Judgment be entered against the bondsnan in the sum of s100 in each case. The cases against two more of the negnoes went
 over until Tuesday. There were thir- teen negroes in all in the raid. and of
 those who were tried, all but one were 1 fined s10 and costs. or SIS.
 Tom Gossen, Q negro. drew a fine of
 $100 for carrying concealed weapons
 The testimony went to show that Tom
 not only carried pistol. but that he
 had threatened to shoot Elliott Lucas,
 another negro. Saturday. night. Another pistol toting case was that
 of Sylvester Young. a negro. who plead guilty and drew a fine of $50 and costs