The Dawson news. (Dawson, Ga.) 1889-current, 1911-07-12
CONTINUED THE BEER CASES
COURT REFUSED TO BECOME A
PARTY TO AN AGREEMENT.

Monday morning, following the mis-
trial Friday in the case of j. II. Ok
ford, one of the beer dealers who was
indicted recently for selling beer of a
stronger per centage of alcohol than
can be handled under the prohibition
law, the first case called was that
against Mr.. Oxford.
At their request the court granted
time for a conference between the
Solicitor General, his associate and
the counsel for the defer dant. At
the close of this conference all
of these attorneys returned into
the court room, and in open
court, through the solicitor gem
consent of the prosecutors and de-
PENDANTS they had reached an agree
ment under the terms of which not
only the cases against j. H. Oxford
could be amicably and satisfactorily
settled, but also the cases against
all the other parties who had been
indicted for similar offenses, and the
Objectionable business carried on in
Dawson brought to an end.
The solicitor general stated fur
Their that in his opinion, as we'll as
in the opinion of his associate coun-
sci, such course of action would best
subserve the public interest, and
asked that all of those cases be con-
tinued for the term in order that the
arrangements contemplated might be
perfected. He further stated that
the terms of the agreement had been
reduced to writing, and offered to
read the same in open court.
What the Court Said.
Judge Worrill stated that sit is
not necessary to read such agree
ment, but that inasmuch as both the
solicitor general and his associate
counsel for the state had requested
the continuance of the cases the
court will allow them continued
until the next term. If the parties
are guilty. he said, "they ought to
be punished, and if not they ought
to be declared innocent"
The court further stated that
whatever agreements may be enter
ed into and whatever action may be
taken by the defendants under such
agreements must be wholly volun-
tary upon their part, for in allowing
such cOntinuances it is with the dis
tlnct understanding that the court is
in no respect party to any agree
ment or settlement made between the
parties or their counsel, or as having
in any manner encouraged such
agreement, for it would be manifest
ly improper for the court to exert a
cOersive influence in deterring or re-
.straining citizen from carrying on
private business until it is first
adjudged to be unlawful"
The only action, therefore, the
court has taken in these cases is
to allow them to be continued.
The Agreement Between Counsel.
The following is a complete copy
OF the agreement that was entered
into between the attorneys for both
the defense and prosecution:
The cases be continued to the
next term of court upon condition
that the defendants stop present bus
mess, the defendants to have thirty
days to dispose of the stock on hand;
same not to be sold in Terrell county
by retail. If this be done the bills
to be mol, pressed at the next term
of Terrell superior court. No other
business to be conducted by the de-
PENDANTS in the buildings now occu-
pied by them so long as the stock of
beer on hand remains in said build
ings, except other mercantile bust
ness now being carried on by c. Law
hon at the Palace Market and Ward
& Johnson"
While the agreement has not been
made a record of the court the at
torneys for both sides state that they
consider it binding between them
selves and their clients and expect
it to be carried out in good faith.
They also agree that it has no ref
erence to anything except the stocks
of beer now on hand, and is not
binding beyond that. Any future
question or proceeding that might
arise would be an entirely different
matter.
1t is reported on the streets, but
the rumor cannot be verified, that
the beer dealers will put on sale beer
manufactured in Georgia and con-
tanning less than four per cent of
alcohol.
The Trial of Oxford.
The case of ]. H. Oxford, in which
a mistrial resulted last week, con-
sumed nearly three days, the hearing
of evidence beginning Wednesday
morning and the jury going to it's
room late Friday afternoon.
The jury was out until IL O'Clock
hot srrI,% IL,
formed that there was no chance of
an agreement being reached and they
were discharged. 1t is reported that
the jury stood nine for conviction
and three for acquittal
A great array of witnesses were ex-
amined for the state and defense, all
of whom had various experiences
with the suGs. Some had drunk