The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1913-10-22
KELLY NELSON CONVICTED.
v. III. Gregory Case Results in Mis-
trial.

Cases against Kelly Nelson and W
III. Gregory for selling alcoholic
beverages were tried Wednesday af-
ternOOn in the Recorders Court, the
former resulting verdict Of guilty on
three counts and the latter resulting
in a mistrial. The case is set for
Thursday afternoon.
The cases against Kelly Nelson
were Jumped together, two being
for selling whiskey and one for trans
porting. The witnesses against Kel-
ley were r. S. Griffin and A. d.
Owens in the two cases for selling
and Policeman H. G.. McKagen for
transporting. The evidence was that
Griffin had been searched by Mr..
Owens, had gone to the house and
purchased the liquor from Nelson on
the 3rd and 4th, the former in the
evening and the latter time about 2
o'clock in the afternoon. At each of
these times pint bottles were sold for
one dollar each.
The defense was that on the Oc-
casions mentioned Kelley Nelson was
dead drunk and dOped and therefore
unable to make sale Of whiskey.
That if Griffin took the whiskey it
was without the knowledge of the oc-
cupants Of the house. Mrs. Nelson
and a neighbOr, Mrs. Geddings, were
in the house on the former occasion
and did not see the sale, both testify
ing to the fact that Nelson was drunk.
1t was also stated that Mrs. Nelson
had ordered Griffin out Of the house.
There was no defense as to the trans
porting Of the whiskey, it being stat
ed that Nelson was an habtual drink
| er and that he was transporting the
whiskey for his own use and had a
right to have it.
The jury considered the case for
about fifteen minutes at the close of
the arguments by Messrs. Merrimon,
for the defense and j. H. Clifton, for
the city, and returned verdict Of
guilty on all three counts.
The Recorder imposed sentence
Of $500 or 80 days on the three
charges.
The case Of v. II. Gregory was
next called, and each Of the five
counts was taken separately. The
testimony for the city was that on a
certain day r. S. Griffin had gone to
the Imperial Pharmacy and had
bought from Gregory concoction of
of cherry smash, lemon extract, al
cohOl and water. Griffin testified that
he had told the defendant he wanted
something that would take the place
OF whiskey and the preparation was
made up for him. He had taken it
to Mr.. Owens, who had watched him
while it was being prepared. Their
testimony was that the sale had taken
place in about ten minutes.
Gregory admitted selling the stuff
to Griffin, but stated that it was at
the plea of the latter that he had
been on a jag and that he wanted
something to sober up on. He had
prepared what he considered a good
! tonic and had given it to the witness
for seventy-five cents, really not
charging as much as the medicine
was worth. There was a great deal
Of testimony given as to the sale OF
patent medicines which contain
whiskey or alcohol in various uuan-
titles, all Of which were kept by all
druggists according to the testimony.
1t was stated that preparations were
made by various druggists, most of
them containing n percentage of al
cohol, which took the place of whis-
key. The defendant stated that he
was registered apOthecary and had
the legal right to make up prescrip-
tiOns and to prescribe.
The jury after considering the case
at length agreed upon a mistrial. 1t
Is understood that the jury stood five
to one for conviction.