Clarke courier. [volume] (Berryville, Va.) 1869-1997, 1910-12-07
Brown Found Guilty

Following ~ toi "hANh aosCeSN
dav and a half, and which was
heard by one of the largest audi
ences which hss filled the old
Courthouse in many days, the trial
Of T. Eddy Brown. charged with
violating Section 33 of the famous
Byrd law, an appeal from the
decision of Mayor Jones, came to
an end before Judge Harrison
Monday night shortly after 10
o'clock. when the jury rendered a
verdict of guilty, and imposed
fine of 800.
The trial was held upon only one
of the two warrants which had
been tried before Mayor Jones,
an agreement having been reached
between counsel that the verdict
mon one warrant would be accep-
ted upon the other.
The jury composed of Messrs.
H. w. Shepherd, foreman; Chas.
H. Setback, 5. 5. Thomas. Jr.,
William Levi, T. j. Fenton, 5. b.
Price and Edgar Carter, gave the
closest attention to the case, and
their verdict was reached with
practically no loss of time.
Judge Harrison stated that il
was his practice not to impose a
iail penalty for a first conviction
in liquor case, and for that
reason no imprisonment would be
imposed in this case. although he
thought that there was absolutely
no doubt as to the guilt of Brown,
and that the evidence amply justi-
fed the verdict of the jury.
In the arguments before the jury
Hon. A. Moore, Jr., who assis-
ted Commonwealth Attorney
Lewis, took occasion to remark
that failure to uphold the local
option laws of the State would
result in. grave injustice To the
majority of our citizens who had
expressed their wish for no
license" by their votes at the
polls.
Mr.. Kownslar, for Mr.. Brown,
on the other hand argued that the
local option laws of the State re-
presented the most Puritanical
doctrine, and he condemned as u
"damuable doctrine amy law which
prevented men from treating their
friends on legal holidays or Sun
days, as he believed the Byrd law
operated.
The arguments of Messrs. Nc
Cormick and Kownslar, for the
defense, and Messrs. Lewis and
Moore, for the prosecution, were
among the best ever delivered in
the Courthouse here.
The verdict. as summed up, is
that Brown is to pay a fine of 5000
(Sl00 on each Of the two warrants)
and all of the costs of the case,
and is to give bond for $1,000
$500 in each Of the two cases) to
guarantee that he will not again vio-
late the provisions of the Byrd law
within twelve months. The bonds
men given were Messrs. Frank
johnson, Buck Longerbeam and
Ernest Singhas.
The principal evidence presented
by the Commonwealth, and on
which the jnry reached its verdict
that Brown had acted as agent
for the sale of and transmission of
orders for ardent spirits" (as pro-
hlbited by section 33 of the Byrd
sw) was the presentation of SO
checks, drawn between August %
and Augus.29, inclusive, by Brown,
IN favor of one saloon man in
Charles Town.
The way in which the transaction
was conducted was, briefly, that
Brown, would take sum of money,
ranging, as shown by the SO checks,
'rom % cents to ST. so, and give
The person his check for the money;
The epersonthenendorsed the checks.
Several of the witnesses testified
That they endorsed the checks and
handed them back to Brown and
tlat he sent them to Charles Town,
although Brown denied this feature
OF the transaction.
The COURIER is glad that Brown
escaped the Jail sentence, but we
believe the lesson which he has
learned in the trial just completed
Will be of great benefit to him.
lie claimed that he did not know
lhat he was violating any law. and
mat ne received no profit from the