The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1910-03-19
CIRCUIT COURT
Criminal Docket CIeaTed-N New
Ruling On Liquor Law.
Barnes Gets $50
Damages

At 2.3o p. m. the Grand Jury was dis
charged after reporting in substance as
follows: They examined so witnesses
made IL presentments and found IL
true bills, among which, besides those
noted last week, were three against
Emory Tilden. colored, oil Port De
posit, for violating the liquor law. A
committee OF the Grand Jury visited
In the Asylum there were IL white
males, 9 white females, 2 colored males
and 4 colored females, and i'll the
Aims House 10 white males. I3 white
females and 10 colored males. The
sanitary conditions OF both institutions
were excellent, except that the well at
the asylum needs cleaning. The Grand
Jury visited the jail i'll body and
found therein I white male, 9 coolred
males and ? colorcd females. The
conditions at the Jail we're found
satisfactory. but the wall needs re-
pointing. Thirty witnesses had been
examined as to violations OF the duck
ing law, but their evidence did not
warrant presentment. The Grand Jury
was satisfied that the law is violated
and that it needs amendment.
SATURDAY.
Kline vs. the President and Com
missioncrs Of North East was closed
and argued by Messrs. Strahorn and
Haines for the plaintiff, aid w. S.
Evans and Blake for the defendants.
The jury found for the plaintiff, giving
him $50 damages. Court was then ad-
i,nr,nJ ,,,}I MnpIa,
MONDAY.
Court met at $50 q. m. With Chief
Judge Pearcc present. Judges Ad-
kins and Hopper arrived later A. B.
Lake, OF Havrc dc Grace, who has
been furnishing goods here on order
for some time past, pleaded guilty to
selling from wagon without license,
and was fined SIS and costs.
The full Bench next heard the APP
peal OF Frank Jackson and Harry
Blackwell, OF North East, and u. G..
Wy. George Nj. Cloak, Richard Nc
Call and Harry 0. Moore, OF Havre
de Grace, who had been fined by JUS
tice Gipiu, OF Elkton for violating
the ducking law. Messrs. J, II. Fahey
and Joshua Clayton appeared for the
appellants and States Attorney Con-
stable for the State.
Mr.. F&hcy demurred to the warrant
ior the arrest OF the accused, on the
ground that it made no specific charge
against the accused and did not set
out that they were licensed gunuers
or rccitc any provision OF the law
which they had violated. 1t simply
charged them with being on the flats,
on Sunday. before the prescribed hour
Mr.. Fahcy also held that the law was
unconstitutional. as it conilictcd with
the 18th amendment.
Mr.. Constable read the warrant and
held that it was sufficient in charging
the accused with being on the flats. II
was not necessary to state whether
the parties we're or were not N any
craft, whether anchored or not. MI.
Clayton said Il at in the present cases
the warrants we're equivalent to III
dictmcnts. The warrants charged the
parties with being on the flats before
the prescribed hour. The otfcnsc
charged occurred on Sunday on which
day no hour is fixed for cunning. The
ducking law was all exercise OF the
police power oi the State. but its OPP
Grafton must affect all alike. A statute
which denied to some persons what ii
allowed to others or imposed burdens
on some not laid on others was rcpug-
nant 10 the 18th amendment ana N
valid under the paramount ureauc
law. The Legislature could prohibit
everybody iron anchpring ON thr flats
but it had no right 10 forbid licensed
sunners doing SO while allowing Others
the privilege In utfcuScS against a
statute it was sufficient or rather
requisite to describe them i'll the
words OF the statute. Mr.. Con
stable closed the argument, saying
that the con>titutionality OF the law
had been. sustained successively by
Judges Stump and Wickcs. Walters
and NanBibbcr befoie and after its
amendment The law says that no.
body shall gun on the flats except on
the days specified and none shall gun
there but those having licenses, which
are issued to the boats, which must
display the licensed number assigned
them The Court reserved its de
,cision.
State v. Carrie Hawkins. coiorcd.
charged with assault with intent to
kill John Overflow colorcd. at Perry
vile. ON February 10. last, was put ON
trial before a jury. McssrS. Albert
and II. l.. Constable for State; Joshua
Clayton, Esq, for defendant. The
case against Carrie as presented was
that she passed the shanty where
Overton lives alone on February TO-
stopped and spoke to him and then
went to her own home nearby. She
returned home and began abusing him.