The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-09-20
GENERAL CHARGE
IGNORED BY Jury
IN CRIMINAL COURT
Prohibition Cases Attract
Attention-Judge Heflin
Gives General Charge
in Two Cases

Despite the fact that Judge Harrington
p. Heflin gave the general charge in two
| cases of alleged violation of the prohibit
ton law yesterday afternoon the juries
returned to the courtroom some minutes
later and rendered verdicts OF mot
guilty" The effect on the audience in
the courtroom was electrifying.
Assistant Solicitor w. S. WEIGH was
clearly perturbed at the verdicts. for
when the foreman of one of the jures re-
quested to be excused for the remainder
of the afternoon Mr.. WEIGH said to
Judge Helm in an impatient tone:
You can excuse them all for the rest
of the week as far as the state is con-
cerned."
This provoked much laughter in the
courtroom.
The case on trial was that of Milledge
Bridge, an old crippled negro, who was
charged with selling whisky. an at the
recourse of the state the general charge
was given by the court. The jury later
brought in a verdict of mot guilty"
The second trial that attracted wide at
tention was that of Edward Thomas, a
young negro laborer who lives in Fourth
alley, between Twenty-first and Twenty
second streets.
The negro, Thomas 1t appeared from
the evidence, was arrested on September
IA by Deputy Sheriff ]. B. Cole on
charge of violating the prohibition law,
in that he was carrying two quarts of
whisky which were not his own
In the course of the trial the evidence
showed that a young white man had
taken the negro to the Terminal station,
where the white man signed for ship
ment of two quarts of whisky. The
he
package to carry and walked down the
street with him. Arriving at the young
mans place of employment he directed
the negro to go to the rear while he
went in the front entrance, as 1t was
against the rules of the company to have
liquors on the premises. The negro did
as he was ordered, and while going
through the alley he was arrested and
taken to the county Jail. The negro
at the time was unemployed, having just
recovered from a serious illness which
had kept him In bed for several months.
Attorney L. A. Prosch of the defense
admitted that his client had carried the
two quarts of whisky at the request OF
his white patron, but he contended that
it certainly was not the intention of the
Alabama legislature to make such an act
contrary to law.
Assistant Solicitor w. s. WEIGH ar
gued that the intentions of the legislature
were plain enough, and that 1t was
clearly unlawful to carry even the le-
gaIized amount Of liquors on the public
streets when it was the property Of 9TH
ers and on law he asked for the gen
eral charge of Judge Heflin. The judge
then charged the jury that it was con-
trary to law to carry liquors on the
streets when 1t was someone else's prop
erty.
In less than 10 minutes the jury re-
turned with the following verdict;
I'VE, the jury, find the defendant not
guilty"
.rWhy that is flying right In the teeth
of the judges charge" said Assistant
Solicitor WEIGH, what is the use of
laws?" Several other prohibition cases
resulted in acquittals yesterday.
About o'clock yesterday afternoon
white woman, Georgia Peacher. went on
trial on the charge of violating the prohi-
bitjon law and Earl Pettus. her attorney,
entered plea of former jeopardy, which
was overruled
Mr.. Pettus' contention was that the
woman had already been fined in the re-
corder's court for the same offense.
Attorney Pettus talked at length on
this point, and when finally oVerruleo'
said:
IT lust wanted ruling for future con-
sideration."
Just before court recessed for the day
ATTORNEY Pettus requested a struck
Jury, and the trial of the woman Will De
continued this morning.