Every evening, Wilmington daily commercial., 1919-12-09
NEW CASTLE LIQUOR
LAW VOL ATORS ASK
MERCY OF COURT
Mrs. Newlyn, John ]. Henry and
Joseph Clendaniels Enter Pleas
of Guilty Before Judge
Morris.
HEAVY FINES IMPOSED

The first cases for violation Of the war
time prohibition act to come before the
United States Court were disposed of
this morning, Mt the opening Of the De
Cember term OF the court, with Judge
Hugh Morris presiding
The cases were those coming from New
Castle, where agents of the government
made a raid some time ago on cafe
operated BY Mrs. Mary 4. Ncwlyn,
and in which she and John J. Henry and
Joseph Clendaniels were arrested. At o
hearing before United States Commls-
sioner Nahaffey they were held to the
United States Court under 81, 800 bond
The parties were represented tins
morning by Philip l.. Garrett. who entered
pleas of guilty for them and asked the
court, IN view of the fact that these were
the first cases to come before the court
for the violation of this statute and the
fact that the consttutonallty OF the
statute was in question before the supreme
Court Of the United States, having gone
up from other Jurisdictions. to sorego the
prison sentence, which was IN the dis
cretion of the court.
In passing on the cases, Judge Morris
said the validity OF the statute had not
been questioned in this jurisdiction, and
iilhL tIO EOEIlEai8CC WpiAtAA bC tsAAtii - sAhf
question that might have been raised else
where, and that would have nothing TO
do with the disposition Of the eases. lie
was inclined, however, rs these were the
first cases coming before him. 10 be in some
degree enicut, and would not impose
prison sentences This should not be
taken as an indication, however. that
the court would display any such leniency
in future cases The laws arc enacted 10
be obeyed. he said. and il would he the
policy Of the court To see that they were
obeved
Mrs. Newlyn and John J Henry were
each sentenced to pay fine Of $500 and
costs and sentence 0f 500 fine and costs
was imposed on Clendaniels, who was EN-
plpyed as a waiter at the cafe and the
evidence showed he did not participate in
the profits Of the sales, United States
District Attorney Charles ClIrlcy agreed
that the fine OF Clendariels should be
less than the principals in the case.
Another case disposed Of was that OF
Joseph CheeSman, 2S, who was aTralgned
on the charge Of selling liquor in violation
Of the government statute. He has been
in Jail for two months. having had hear
ing before the United States Commissioner
and held to court. Ec pleaded guilty, and
procured the liquor for others, and had
made no profit Questioning, however,
by the court, showed that Checsman had
a record for law violation, and his answers
generally were not satisfactory. showing
that he had not been working previous
to his arrest He was fined $500 and costs.
Under the law, ne can be released after
thirty days. il he is unable to pay the
fine. By making affidavit to that affect
This viii make his Imprisonment amount
to three months. as he has been held for
two months, pending the opening Of the
December term.
John ] AIcMoaigle and John A. Davis,
Of Wilmington, were arraigned on the
charge OF violating the wartime pro
hibition act by selling liquor. They enter
ed pleas Of not guilty, IN the absence Of
Of their attorney, James Salisbury.
When Mir Salisbury returns. II Is under
stood that they viii change their pleas to
guilty.