Every evening, Wilmington daily commercial., 1921-03-18
RIGHT OF SEARCH UP
TO SUPREME COURT
Authority of John Doe Warrant
in Nepa Whisky Case
Questioned.

The question of the right of an Of
f.er 20 make search without search
warrant Will now in all probability 20
before the State Supreme Court for
decision .Iudgea BoyCe and Conrad. in
court Of General Sessions this morning,
dismissed the application of J. Frank
RaM for the return OF liquor that had
been seized of Vito Nepa, charged with
having more than one quart cf whiskey
I'm his possession.
The court did not rule on the validity
Of a "Jchn Doe" warrant. bur admitted
the one carried ty Officer Neasev as
an element Of the "a % Mr. Ball took
an exception
While a discussion was Unde- WY aE
to what authority Sergeant Jordan and
officers Neasey and Hynson had 70
enter Nepa's house. Neasey hastened 10
the side of Deputy Attorney General
Southerland and whispered 70 him
Mr.. Southerland then ordered the officer
TO take the stand.
When the officer was sworn. Mr.
So1therland asked that he produce the
warrant ny which ho had authority To
search Nepa's house. The officer pro
,alced the John Doe warrant which
Mr.. Southerland offered in evidence.
After examining the paper. Mr.. Rall
trnke into smiles and objected 10 its ad-
mission first. however, asking Mr..
SolItherland IL he meant 70 offer il in
avidence without looking at it. The
DEPUTY attorney general only repeated
his anplication for the admission OF the
paYer The court refused to pass on ITS
validity of the search question. Ar
HALL said that he would stand on his oh
lection but that he would be pleased 10
have Il admitted.
one result was that Officer Neasey
had 10 relinQutsh to the court the war
rant which he said ne has carried for a
long time. for il was admitted as evi-
derce.
The officers this morning said that
after they had entered Nepa's house
Nena gave teern permission 10 search
the premises. This Neps denied.
oficer FIvnson said that he had sliT
Of paper which had Ncpa's name writ
Ter on it, which he said. constituted 6
warrant although il had not beer
sworn out hy any one
Sergeant Michael Jordon, OF the po-
lice department was the first witness
,..1led. There was much objection or
the mart of counsel To questions aslkeG
Iordon concerning anything found a
tbe house of Nepa. Mr.. Ball. counse
fOl \spa ODIeCieu ~ tlit NAAAtNsH AtHsi
fving about anything found at the hous'
unless il was shown that he had lega
authority to search the house and seiz'
the articles in the house. Judge Boyc'
ruled that the testimony was admis
sable. Jordon testified to the search
being made and finding the alcohol an'
gin.
Motorcycle officer William Hynsol
testified to finding the liquor in Nepai
nome Patrolman Neasey corroborate'
the testimony of the other police Off
err. Mr.. Ball objected 10 the testimon!
of Patrolmen Hyson and Neasey, bu
mis- objection was overruled.
DR.. Herbert J. Watson. State Bac
terioIogist testified that q sample Of tn
alcohol. while the gin contained as.
per cent pure grain alcohol.
Character witnesses We're called b.
the defense.
Mr.. Ball asked that verdict OF, no
guilty be returned OH grounds Of a.
unlawful seizure. The Court refuse
to issue such instructions TO the jury.
In his charge TO the jury, Judge Boyc
said that the jurors were not 10 be in
fiuenced by personal feelings for o
against the prohibition OF liquor. Tn
court also said that the matter OF Il
legal seizure was not matter for III
consideration OF the jury.
After being out Is minutes the Jun
brought in a verdict OF guilty.