The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1911-04-01
INJUNCTION DISMISSED.
PROCEEDING AGAINST EAGLES
CLUB AND BANK OF SUM-
TER BROUGHT TO
CLOSE
Petition for Injunction Dismissed on
Grounds State Had not Put up
Sufficient Evidence to Prove That
Club Was Common Nuisance.

The third and probably the last
step was taken Monday afternoon in
the petition TO enjon the Eagles
Club from receiving, storing and
selling alcoholic beverages and
liquors when Judge DeVore dismiss
ed the petition for injunction on the
grounds that sufficient evidence had
not been produced by the State to
prove that the Eagles club was a
common nuisance and to show that
as such should be perpetually en-
joined from receiving. storing and
otherwise disposing of alcoholic
liquors and beverages.
The reply to the petition for per-
petual Injunction was that the club
was not a common nuisance and
that nothing illegal or irregular was
done in the club rooms. The re-
turns first stated that the service
had been made on Mr.. c. II. Dorm, as
proprietor OF the club, when in fact
Mr.. Dorm had nothing more to do
with the club than any other men,
ber, he having resigned as steward
and the present steward being J..
moreover set up the plea that the
service was not good one as 1t had
been made to a member Of the club
In the club rooms and not to the
manager Of the club. Judge DeVore
overruled this plea, stating that he
considered this good service.
The case was then continued and
the defense set out to prove that the
club was not q common nuisance as
was alleged in the petition for in
junction. To do this, ahidavits
from various merchants, members Of
the grand jury and others were read,
all OF them going to show that the
club was not a common nuisance,
but was an orderly social club in
good standing with the chartered
head of the order. Affidavits were
given by Messrs. Perry Moses, Jr.. ".
III. Phelps, j. r. Mercer. r. X.
Brown, and others having Offices or
business headquarters near or ad-
joining the club rooms, all of whom
stated that they had never been dis.
turbed by the club members 1t was
further shown that the club rooms
were open Co ladies of the city who
at various times had used IL FOX So
cial gatherings. 1t was maintained
that the club had done nothing IL
legal in allowing its members to
keep their private lockers where
they could keep any whiskey that
they had IL they desired to do SO, or
In having a refrigerator for the use
OF the members when they desired
to cool their private liquors. 1t also
stated that while ii kept glasses and
counter for them to be placed on,
for the convenience Of the club
members. thcre was no open bar
room kept. as was alleged In the Pc
tition for Injunction, and. especially
was this true as the club was not
open to the public at large.
Mr.. Geo. d. Levy. who represent
ed the Eagles club. then went on
to read affidavits from members of
the grand jury stating that they did
not know the club to be a common
nuisance where alcoholic liquors
were sold, several Of the members of
the grand jury having submitted af-
fidavits to this effect.
1t was claimed that all of the af-
fidavits submitted by the Stale were
based upon hearsay and none Of
them was sufficient to call for the
issue OF a perpetual injunction. An
affidavit was then read from Detec-
tive Adams. who was here in March,
1910. to hunt up the blind tigers of
the city and who stated that he had
searched the club several times and
had found nothing to lead him to
believe that II was a regular blind
tiger. but that he had always found
IT In every way what it claimed to be
"a purely social organization for
benevolent purposes.
j. X" Bracey also submitted an af-
hdavit that he had been to the club
at the request OF Mayor Jennings
TO see IL there was any unla, ful
sale Of liquor going on ana thar he
had failed to find anything that in
any way led him to the conclusion
that there was. Mr.. Levy then
started out to read n long list OF