The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1911-08-25
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WAS AGENT Of PURCHASER
4. ]. Crabtree Sentenced to -Four
Months on Roads for DIspeslng Of
Mortgsged Property and Appeals 10
Superior Ceurt--frivoIous Case Of
Assault Thrown Out Of Court


In the case of II. II. Blackley, which
was tried IN recorders court Wednes-
day, Judge Sykes rendered a decision
Of not guilty after mature considera-
ton Of the case.
Blaekley was charged with retailing
whlskey BY reason OF an order Tor
four gallons that he sent TO q clarks-
Vile company at the request OF Jim
Smdwick.
In rendering his decision Judge
sykes declared that unless there was
some positive evidence 10 show that
Blackley was acting as the agent OF
the whlskey house he could not be con-
yicted. Judge Sykes remarked that
according 10 the evidence brought out
al the trial Of the case. Blackiey was
simply ordering the whiskey for the
accommodation OF studwick. and was,
therefore, ssudwick's agent The ie-
gai point was threshed out IN the Co
lonial club case. In which the Colonial
club. a social organization Of Char
lotie. was indicted for ordering whis-
hey for It's members. In that case.
the supreme court decided that the
club was simply ordering whlskey a.
the agent Of the members. The court
IN that case pointed out that a man
corid not buy whiskey from bis Own
agent. The same rule applied In the
Gaze OF Blaekley. according To the
opinion OF Judge Sykes.
Disposed Of MerfEaxrd Property.
n. j. crabtree. we'll knoxn white
nan. nas convicted Of dIspo~ias Of
mortsaxed property. and Sss given a
sentence Of four months on The conn-
~ roads. According 10 the evidence
In the case, crabtroe purchased a
horse. wagon and harness from N.
nain and gave mortgage 20 secure
n part payment When The officers
were sent 10 secure The property with
claim and delivery papers. after. de-
fault had been made ln the payment Of
the amount OF the mortgage. they
found that the property had been dis
posed OF BY crabtrce
crabtree declared that he had paid
a large part Of the amount OF the
mortgage. aud that Balm would never
tell him how much balance there was.
ne teatIfrd that bis wlfe had sold the
horse When asked whether he had
turned the price OF the horse over 10
Mr. Balm. be declared that be had
never seen H."
After hearing the evidence. Judge
Sykes adiudged the defendant guilty
and sentenced him 10 term Of four
months In jail 10 be assigned 10 the
county roads The case WAS appealed
70 the superior court
A PrIrsleus Case.
Judge Sykes threw out OF court. as
frivolous. the case against Henry Pace,
Mlss Emma Pace and Mrs. Pace. The
case grew out Of a scrap between
Henry Pace. the young son Of Mrs
Pace. with a companion IN Edge-
mont. The boys became involved IN q
row over a pocket knife and Henryd
mother and sister luterfered. Henry
was charged with aaaaulilnR his op'
ponent wiih a knife aud Mrs Pace
and Miss Emma we're charged with
assault and battery. The prosecuting
witness. who was scrapplng with
Henry. was about twice AZ large a.
Henry and had the general appear
nnce o. bully. Judge Sykes remark
"a that he thought the prosecuting
witness ought 10 be the defendant IL
fhe raaa