The herald and news. [volume] (Newberry S.C.) 1903-1937, 1911-03-24
mick, Esq.
The Counts Case.


sary law, was taken up on Wednesday
afternoon, and was gwen to the jury
on Thursday morning. The State in
troduced the testimony of the. express
and depot agent at Pomaria showing
the various numerous express pack
ages and barrels by freight received
by Counts during the time in question.
In cross-examination he detailed all
express packages of 40 pounds and
more received by others during that
period, and there was long list. in
addition to these he said there were
three or four times as many smaller
packages received. The State then m
troduced testimony to show conditions
around Counts store, the congregat-
ing of crowds under the influence OF
LIQUOR, etc. In cross7eXamination these
witnesses said there was drinking and
congregating of persons under the in
fuence of whiskey around the other
stores IN Pomaria, but Mr.. Adam L..
Aull said it was more general around
Counts store. Mr. E. o. Hentz, Jr.,
testified to buying once from Counts.
Sheriff Buford and Policeman Work
man testified to finding number of
empty jugs and barrels and bottles
and cartoons around Counts store
when the search was made, and a 3
gallon Jug of whiskey in the bed room
occupied by Charlie Counts and his
brother, Ben Counts, which they said
Ben Counts claimed. This liquor they
seized. They also seized barrel from
the railway consigned to Counts. Mr.
Jno. C. Sligh testified to buying whis-
key in Counts store year before last
from a. negro, the negro having the
whiskey in his pocket. There was also
testimony by the State as to two bar
rels Of Whiskey consigned to Counts
which were brought through Pemaria
to Prosperity by Conductor Fant, OF
the Southern freight, the theory OF the
State being that Conductor Fant
brought the whiskey through Pomarla
because Constable Williams was in
Pomaria that day. Conductor FAINT
was subsequently arrested for trans
porting contraband liquor, and is now
under bond. At the close Of the States
testimony, Messrs. Fred. H. DomlnlcK
and Eugene S. Blease, representing
the defendant, announced that the de-
fendant would offer no testimony.
Counts was charged On all seven
counts of the regular form Of lndlct-
ment, as follows: CD selling; t2J
maintaining nuisance by keeping a
place where alcoholic liquors WeTe
sold, bartered and given away; (3)
maintaining nuisance by keeping a
place where alcoholic liquors were
kept for sale, barter and delivery; (4}
maintaining nuisance by keeping a
place where persons were permitted
to resort for the purpose OF drink
ing: (5) maintaining a nuisance by
keeping a place where alcoholic IL
ouors were manufactured; 60 stor-
ing and keeping in possession contra
band liquors; CD delivering in the
night time. The solicitor did not ask
for a verdict on the fifth and seventh
counts, there being no testimony on
these counts.
Mr.. J. J. Hipp, the second witness
introduced by the State, following the
testimony of M. C. Rivers, the agent,
said he had never bought any Whls-
kew from Counts, had never seen any
one else buy any from him, and had
never seen any signs of whiskey IN
the store. uS VI 4'A1' ~ 49,
Miller was to the same effect Mr..
Jno. G.. Sligh testified he had seen
some drinking and some drunkenness
in and around Counts store, but had
seen drinking and drunkenness all over
town. Recalled to the stand, he testl-
fed 10 the purchase from the negro
referred to above. Then followed the
testimony Of Mr.. +. 0. Hentz as 70
i one purchase from Counts. IN cross
! examination Mr. HantZ said this IL
i ouOr might have been furnished oy
Counts on their trip in buggies al
night when they were off on soclai
| visits, but on redirect examination n:
said he had paid !AoErJ for WhlsAe'
some time three or four years ago
he couldn't remember the time nor
/ the place nor the quantity, but was
| certain it wasn't over 4 pint. MT
Adam Aull was the next witness, tes-
tifying as stated above. Mr.. r. L.
onoford agent Al Prosperity, teStl-