The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1911-11-21
'5uDeE KRAUss COMMENTS ON
VIOLATION or PROHIBITION
LAw IN HIS DECISION
Says the Sentence is Rather a Sc
we're Ore, sat that Stop Must Be
Put to sale Of whisky-case Proves
Interestlne One.

In rendering a decision yesterday
in efnsing to allow new trial in
the case Of II ]. Abbott, charged with
violating the prohibition law by sell
ing whisky. Judge d. W. Krauss. of
the city court, made some interest
ing remarks on the law. Abbott, it
viii be remembered, was convicted
Of selling whisky and he was SEN
fenced to serve six months on the
county chaingang, TO be released at
the expiration OF that time upon the
payment Of $3.50 His attorneys filed
a motion for a new trial, and in his
decision, overruling the motion, judge
Krauss says:
The above stated motion for new
trial coming on to be heard on the
18th inst, having been postponed from
time to time under proper action Of
the court, and the court having taken
the case under consideration until
this date.
1T lis, upon consideration, ordered
by said court that the motion for new
trial be and the same is hereby de-
AANes OfNAIdiSQ anu IGIu6SQ.
The court is Of the opinion that
the verdict of the jury in this case is
a proper verdict under the evidence;
the ground of the motion upon al
legged newly discovered evidence is
merely impeaching in its character,
and is itself defective and not con.
forming . the law (Code 6086) fall
ia to produce any affidavit as to the
character, etc. Of said witness claim
ed to be newly discovered evidence;
no error Of law has been committed in
my judgment during the trial of the
case, and the jury having done its
duty in Brunswick, Ca, which is near
Savannah, Ca, the court does not hes
itate to do this. The sentence is one
that is allowed by the law. and while
somewhat severe, in the opinion Of
the court, laws needs to be protected
and preserved and in this class Of ylo-
lations, the court is of the opinion
that sufficiently severe sentence
should be imposed as to compel VIC,
iatoTs of the lew to sit up and take
notice that the law must not be dis
regarded with impunity.
Therefore, the motion for new trial
is refused In open court, this No
vember 20, 1911"
Just what steps viii now be taken
by attorneys representing the defen-
dant is not known, but it is more
than likely that the case will be car
ried to a higher court.
In this connection it is interesting
to note the number of cases with ref
erenee to the violation of this law
have come up in the city court during
the past few months, and the record
of Solicitor Ernest Dart in the trial
of them has been a good one, prac-
tically every defendant having been
convicted. The case referred to above
was tried some time ago, Mr. Dart
conyicting the defendant, and only a
few weeks ago every social club in the
city of Brunswick was convicted in
the court, while the solicitor also sue
ceeded in conyicting a negro who was
charged with selling whisky, and he
was also given a heavy fine and SEN
fenced to serve six months on the
chaingang. ~
Solicitor Dart has handled all of the
cases referred to, and though opposed
by able counsel, has succeeded in Sc
curing verdict in each instance.