The Richmond Virginian. (Richmond, Va.) 1910-1920, 1916-07-19
ASKS LIQUOR SALE
To PAY JUDGMENT
Notorious Negro Blind Tiger Keeper
Would Ship Whtslsey Outside
tho State.
two countries

A&9Antm, 0a~. July IA petition
Was filed in Supreme Court by At
tornsy r. J. Ripley. on behalf Of his
client, Morgan Howell. asking that q
receiver be appointed TO take charge
OF whfskay approxtm steiy valued as
$1.406, now in the hands Of Chief
George ATathfeson. Of the county
police fierce. The w41tskey was con-
fscated recently WITH tire arrest of
Henry Boyd, alleged notorious negro
bling tiger.
The petition sets cut that on May
10 the plaintiff secured Judgment
/ IN tho Municipal Court against Henry
Boyd for the gum of 1913 with the
costs Of the court; t1iat execution
wss received on the Judgment and
, that a nulia. bona was entered by the
deputy marshal of the Municipal
Court on the execution.
Later, II states, property belonging
20 BOYD was levied upon, but found
TO be IN the possession Of third
party, the county chtsf of police.
Holds No Objections.
THE petitioner attcrney, = accord
! ing TO the suit, asked Chief Mathie-
son for permission to levy on the
! whiEkey which the latter In holding in
| his possession. The chief stated, 4,
claims. that thsre were no objections
so far as he was concerned.
| The petitioners attorne cry ghen re-
! quested the chief marshal of the Mu-
I nioipa Court and q deputy to levy
the execution on the whiskey, which
they declined to 90 on the grounds
tnnt under the State prohibition Ian
they could not aeri or dispose CT the
whiskev
Petitioner ailexsa,~ reads rhs ps-
tftfon. that this said wf1iskey lie prop
erty. That it is the property Of The
| defendant and that a good and valid
| Judgment srsirst the defendant {.
unsatisfied, and that this property ii
well worth an amount more than suf-
fici emit TO pay Off said Judgment.
| petitioner alleges that this prop
erty is IN the hands of the chief OF
police OF the county OF Fulton with.
| out dre process OF law; that he II
simply holding II az evidence against
one Henry Boyd In a criminal case
in which said Boyd Ia charged with
violating the prohibition law of the
State Of Georgia: that said Boyd has
been tried and convicted, and tina,
there is no necessity for keeping the
whiseer IN the chefs possession any
longer"
ans pWCluuN TGrCnST AYERS YAAf the
wh'skey could be taken by d court OF
equity IN charge and shipped beyond
the limits OF the state and converted
| into cash without violating the pro-
hibitiou law
( On these grounds fhe gutt reuyi este
that a receiver BE appointed to take
charge OF the wf1is5ey and hold Il I'M
I'll further ordered by the court: that
the chief of police DO rnnde a party to
and required TO show cause why he
should not turn the whiskev over TO a
receiver and that tudgm ert be given
for the amount of the execution and
the cost Of the court
Ordered INTO Court.
Judge W. y. T2ell ordered that the
petition be filed ana that Chief Mathie-
son appear before him July IT for the
purpose OF showing cause why the
receiver should not be appointed and
tho property turned over to him.
A prominent Atlanta attorney rem
fered the opinion that whisqey seized
on an allegation Of being blind tiger
whisky had become conffscated I'M
dered the opinion that whA slSey seized
law, and for that reason could not be
termed property" He asserted that
in his opinion such whiskey was seiz-
ed by the authorities to be destroyed.
BE also stated that under the terms
Of the law such whiskey WAS contra
band IN any part OF the state, and for
THIS added reason could not be oar-
rieG across the border as property
and there sold TO settle the Judgment
held against Royd