The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1910-07-09

I
ilquor, as was the law under the old
dlspensary act, and allowed it to be
sold In the original packages in which
IL was brought, but there was an
amendment to that statute which
made the liquor as soon as it got into
the State and was delivered to the
consignee amenable to the State law.
and therefore, if the liquor was ever
| brought from another State into this
state, strictly bona fide for persona,
use, why then the interstate commerce
law protected it for personal use and
while being brought from another
State into our own State, and as the
counties that have dispensary. pro-
tect the liquor bought from the State
or County dispensary, protect it in
the possession Of another for person.
al use the transaction was absolutely
even. But as I stated to you, 1t SIM
ply meanss this, the law that I have
read to you, in a County where you
nave no dispensary, no State nor a
County in competition with the i'm
portation of liquor from another State
and the selling of liquor and protect
ing 1t for personal use; where YOU
nave county absolutely prohibiting
the sale of liquor under the terms of
this statute, as I have read to you,
then that matter of personal use no
longer protects the liquor for con-
sumption. 1t does protect it to the
/ extent of delivery to the consignee. but
does not protect 1t for the purposes
OF consumption, and it becomes sub
Ject to the State law as being contra
band, and person who has it in his
possession becomes guilty of receiving
and accepting and keeping that LIQUOR
In his possession and storing it, no
matter how small a quantity 1t may
| be and no matter for what purpose
| he may have it. So that I take il
that under this statute (having given
the subject careful consideration
that any man who has in his posses
| sion, whether for personal use or 9TH
| erwise, of a quantity of liquor, no
matter how small it may be, that it is
| subject to seizure and he subject TO
prosecution for the receipt, accept
ance and keeping it in his possession;
so L charge you the law along that
line, so that the question is this: that
IN this case you have not before you
any question as to whether these peo-
ple-if you find they had any LIQUOR
in their possession, as to whether they
had 1t for personal use, because if
they had it for personal use even, it
| would nevertheless be a violation of
| the law.
1t would be the acceptance, stor-
ing and keeping in possession Of liq-
| uor, which is against the law; so that
| the question will be whether or not
you are satisfied beyond a reasonable
doubt that they or either of them
that both of them or either of them
had in possession, had received and
had in possession any quantity of al
cohollc liquors, such liquors as / have
read from that statute as will pro-
duce intoxication, and, if so, they are
guilty; otherwise. not. Your verdict
Will be as to both Of them or as to
them separately, accordingly as you
find. If you find both of them had it
in possession, both had received and
accepted it and had it in possession
and storing it there Jointly, each par
ticipating in the act of the other and
both Jointly liable, why then your
verdict would be against them joint
ly--a general verdict of guilty, but
| II you find that you have to disting-
| uish between the two, that one of
| them did not have it-in any way
accept it or receive it or store it or
| Keeping 1t in possession. but that the
| other did, why then you find your
Verdlct only as to the one whom you
find had the stuff in possession-re-
ceiving, storing and keeping it in pos
session, according to the wording set
out in this indictment, and find q
| verdict as to that one-say guilty as
| TO that one, which would obtain as
an acquittal as to the other.
Throughout the whole inquiry you
have to give the defendants the bene-
| fit of every reasonable doubt upon
any material element going to make
| up their guilt. That means a sub
stantial doubt, a real doubt arising
out Of the testimony, doubt for
which you can give a reason. Any
such doubt as that solve in favor of
the prisoners. Take the record and