Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-06-08
Important Decisions
THO following notes OF cases are
from the West Publishing Company

from the West Publishing Company,
"FIREsWATER" IN A DRY TOWN.
! One morning at the break of dawn.
in the little. dry town Of McComb. Miss.
|one Htil-was proceeding down the pub
lie street. peacefully and quietly car
| rying suitcase. In the other. direction
we see the marshal the emblem of the
law, the strong arm Of protection. The
two are approaching. Hill is unconsci-
Gus Of the others presence. but the
marshal, intent upon his duty glances
at the suit case. and there steals into
his eye a CLEAN OF suspicion. and his
heart is filled with mistrust. that
"green-eyed monster which doth mock
the very meat 1t feeds upon" Now
Hill becomes aware of the proximity
Of this officer Of the law, and attempts
to change his course. Of locomotion but
alas. too late. The marshal stops him,
opens the suitcase, and beholds in 1t
fifty-seven half pints OF whisky, each
having a convenient little corkscrew
attached, so as to make it thoroughly
convenient for the thirsty lover OF the
drink that maketh glad the heart" to
reach the contents without delay. At
the sight Of this generous quantity OF
the good old "tanglefoot" this marshal
in his excitement forgets about Hin.
and arrests the suitcase. About four
hours later he starts out in search OF
Hill. finds him. places him under ar
rest on charge of having in his pos
session intoxicating liquors with intent
to sell or unlawfully give away. Hill
was convicted, and now appeals. The
supreme court of Mississippi in Nc
Comb City VS.. Hill. Sc Southern Report
er, 346 holds that under the evidence
a conviction was improper. The views
Of the court are Of interest: "The fact
that the corkscrew convenience was at
tached to each bottle is not evidence OF
possession for unlawful purposes by
HILL 1t is a matter Of common know
ledge that nothing Is more provoking
and distressing than to have to wait
for corkscrew when q burning and
consuming thirst Is raging within"
But because Hill looked frightened
when he met the marshal. 1t Is urged
that this evidenced his guilty intent.
Answering this, the court says: when
man has whisky In his possession in
q dry town. and - out on the streets
with It 80 early in the morning. It is
natural for him to be little suspicious,
for he does not know whom to trust,
nor from what sourcee might come the
enemy, bent on the destruction OF his
goods. The frightened look. under the
circumstances. il no proof Of guilty pos
| session.
PUBLICATION THAT A LIVE ONE
Is A DEAD ONE AS LIBEL -.
Defendant in Cohen vs. Times Print
ing Company. 1872 New York Supple
ment. /. published Of. plaintiff, real,
living. breathing person, that he was
dead and now. the dead one" brings
this action. Defendant objects that the
article IL not libelous, because even II
such a false. notice to. the public
might subject the plaintiff to ridicuie
vet, az death Is common to all and Is
no disgrace. the mistake could In no
way AFFECT his character and reputa.
ton, and therefore could not be libel
GUS without proof and allegatoin "
s sss.s, ai sofssS - e IS s's sss
butt Of . false story holding one up