The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1912-10-31
WILLIAMS FOR
COUNTY JUDGE

N NJ Williams. Democratic eandi-
date for county judge Is one Of the
pioneer lawyers Of Chickasha. having
arrived here in 1894.
in his first term Of office the larger
part Of Judge Williams time was
taken up in the trial Of prohibition
cases-the first appellate case to
reach the criminal court OF appeals
was a case from his court. The State
vs. Cain involving constitutional
construction of the prohibition provis.
ion as to whether or not a legal pun
ishment was prescribed, the supreme
court sustaining the holding that there
wa
The second case Of Importance in
volying the liquor question to reach
the appellate court was the State vs.
Reed, from Grady county, Judge VIII
liams holding that there were no ac-
complices in the violation Of tbe pro-
hibition laws, and that all were prin-
cipals, and party who bought liquor
from a bootlegger for the accommoda-
tion of third party was the agent
OF the bootlegger and guilty Of selling.
This case was reversed, the appellate
court holding that II the party getting
the liquor was the agent Of the pur-
chaser and not the bootlegger and did
not share in the profits, he was not
guilty Later, however, the criminal
court of appeals returned to the CON
tention and holding of Judge Williams
and is now holding that the party who
buys for accommodation from boot
logger Is a principal with the bootleg.
ger and should be convicted.
The first case to reach the criminal
court Of appeals, involving the ques-
tion Of interstate shipment Of liquor
that is, shipping from a point out Of
the state to point within the state,
was the State VS.. Josh McCord, from
Grady county-the trial judge (Wn-
liamsl holding that when the liquor
was received by the consignee and de-
livered by him to drayman, and the
evidence showed it was to be used in
violation Of the law, it lost It's inter-
state character and the party could
be convicted Of having liquor in his
possession for the purpose Of sale; the
appellate court held differently say
ing the liquor was protected by the
interstate shipment law until 1t got
to the consignee's house or place Of
business, and that a prosecution could
not lie until after that time. How.
ever, the question was SO close that
the appellate court recommended that
the case be appealed to the supreme
court Of the United States.
One Of the most fruitful clauses in
the prohibition act is having liquor in
ones possession for the purpose Of
sale. And again, Grady county was
first before the appellate court con-
STRUNG a charge OF Judge Williams.
The charge was as follows: Fem
tlemen, you are advised that purpose
as used in the statutes means with in
tent, with design; in expectancy; you
are charged 1t is not necessary for
the state to show that a sale had ac-
tually taken place, or was about to
take place, 1t is sufficient If the facts
and circumstances in evidence con
vince you that sale was in the
mind and purpose Of the defendant.
You are further charged that in arriv-
ing at purpose, you can consider
the character quality and quantity OF
whisky; how and where it was kept
whether openly or secretly: and
from all the facts and circumstances
in evidence decide whether or not the
liquor in question was kept for the
purpose of sale"
This charge had placed upon it the
lat Of approval Of our court Of last
resort, and is being given in a large
If not all the trial courts
hat are anxious for the enforcement
If the prohibition law.
OF all the cases Judge Williams
rled only one or two have waived
ury and in some eight or Ten cases
notions have been made by the de-
endants in liquor cases to disquaHfy
lin and remove the cases from his
jurisdictions; all Of which were over
uled
During the first six months in OF.
ice, the judge was permitted to as
ess the punishments, since that time
he liquor defendants have always ask
d that the jury assess the punish
nent, and not the court.
The occasion for this rather extend.
d article Is due to the fact that those
Tho have not taken the trouble to ex.
mine the records have a miafakan