Evening journal., 1913-11-10
Expressman, Convicted in
Hazel Law Case, Takes
Appeal TO High Cour

Special to THE EVENING JOURNAL
DOVER, Del. Nov 10.--In the Kent
County Court today the cases against
the Adams Express agents, charged
with violation Of the Hazel anti-ship-
ping liquor law, were called. Herbert
H. Ward and Daniel o. Hastings, rep
resenting the express agents, appear
ed before the court with their papers.
while the state was represented by
Acknowledgement Wolcott and his
deputy, John b. Hutton The cases
stated, prepared by the attorneys and
agreed to by both sides, were ordered
filed by the court
Counsel for Agent Benjamin f. Van
Winkle of Smyrna, the first case called
submitted the same statement Of facts
as were presented in the Gfier case re-
Gently decided at Georgetown and the
same prayers with two additional ones
not PRAYED for in the Grier cases.
After considering all the prayers, the
court ordered o verdict Of guilty return
ed, which the jury did without leaving
the box.
Vanwinkle, who was in court, was
then brought to the bar Of the court
and sentenced to pay fine Of 500 and
costs, amounting to s1lO.
Attorney Hastings at once took an
appeal to the Supreme Court OF TINS
state, the writ OF error being filed with
the prothonotary of Kent county, who
is clerk Of the Supreme Court.
The prayers filed in Vanwinkle's
case by counsel, in addition to those
following the language Of prayers In
the Grisr case were as follows:
THAT the act of Congress of March
1, 1913, known as the Webb-kenyon
Law, has no bearing in this case; thai
the indictment in this case was moi
based on that law and could not be
because a State Court cannot punish
the violation of a Federal statute, and
that the jury should return a verdict
Of not guilty.
"That the shipment of beer refer
red to in the indictment in this cas-
was an intershipment from Penpsyi
vania into the county OF Kent, in tn
State of Delaware, said county beini
local option or dry territory in tn
last mentioned State; that the in
dlctment should. therefore, hav
charged that the beer being intoxica
ting, was intended to be possessed
sold, OF in some manner used by III
ccnsignee, in violation Of the laws 0
the State Of Delaware; that, in an
event. even under the indictment, a
drawn, it S incumbent upon the Stat
10 prove that the liquor In questio
was intended TO be sold, possessed, o
in some manner used by the con
signee. or some other ascertained an
specified persons. in violation OF tn
laws OF the State Of Delaware; tina
In the absence of such proof, the pros
ecution in this cause must fail, an
that the jury should return 8 verdi6
of not guilty.
After the case was submitted, th
Court, composed of Chief Justice Per
newjll and Associate Judges BoyC
and Conrad, retired for consultation
The Court. after having consulted fC
half an hour, returned 10 the Cour
room with an opinion, the main pa
OF which was the same as rendered
the Grier case. Chief Justice Penn
will said:
"The court thinks this case is col
trolled BY State VS.. Grier, recent
decided in Sussex county, inasmus
as all the questions raised in u
present case were raised and dete
mined in the Grier case.
IOI the TCAnOnc given III AhC NRA
ion delivered in the Grier case, whi'
are applicable to the questions no
raised, we hold that the statute
this state known as the Hazel la
Is constitutional, and that the Fe
eraI act known as the Webb-Keny'
law is also constitutional and app
cable to the present case II the fac
raise the same questions of law
to its applicability, as contended
the defendant, as would be raised
the indictment were against the e
press company, Of which the defen
ant is agent. which is the contenti'
made by the defendant.
"The court is, therefore, of the Cpl
ion upon the agreed statement
facts, that under the laws Of the sta
of Delaware, and of the United Stat
of America, crime punishable und
the laws of the state OF Delaware
stated or shown to have been col
mitted by the defendant. Being
such opinion. the jur9 IS charged q
directed to return a verdict Of gull
against the defendant. and il is I
dered that judgment be enter
against the defendant upon such "
dict In conformity with the terms a
stimplatlons of the case stated"
CT EITVYI TTDC OODC