The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1921-09-30
Friday &c. 1921 Single Copies, Fv
CONVICTED OF TRANSPORTING
AND RECKLESS DRIVING
Jury Considers Evidence of Loose
Liquor" in Automobile Seat
and Convicts.

porting because a. puddle of liquor
was found in the cupped cushion of
the drivers seat? Must a technical
charge Of transporting be supported
by evidence that the liquor was in a
container suitable for commercial
purposes? 49,. -.
These in substance were the ques-
tions before a jury in police court
this morning. After an hour sof de-
liberation the talesmen decided the
first question in the affirmative and
the second in the negative. In: other
words T. C. Houston. negro, was
found guilty, of transporting and in
cidentally of reckless driving. He was
fined $50 or 80 days on the first
charge and $40 or 30 days on the
second. The defendants attorney
served notice of appeal.
\ Witnesses testified that Houston
came up Pickens street, going toward
the Seaboard Station and that Bob
Mckenzie driving the Kerr Furniture
Company's delivery truck was turn
ing the White corner toward the
postoffice. E. F. Arnold, Ford agency
man, said that Houston with the,
whole square at his right, turned to
the left as if making an effort to
drive into Mr.. McKenzie's truck. He
hit the truck in the rear with his ma
chine, and as soon as it stopped he
jumped down and walked away leav-
ing the machine in the street. Mr.,
Arnold said that he got into the car
to drive, it out of the street, the en-
gine still being running. He noticed
the smell of liquor and when he sat
in the seat, he felt it. The capped
cushion in the front seat contained a
puddle of liquid that Mr.. Arnold be-
lieved to be liquor. Some of the same
fluid dripped from the bottom of the
car to the street.
Rom Mundy also testified to the
strong odor of liquor. Maj. R. B:
Cheatham, county treasurer, said he
heard the noise, of the collision and
walked to the scene. He also told
of the intoxicating smell.
In defense Houston was called to
the stand. He told a straightforward
tale of the event. He said that he
came up the hill by the hotel, intend
ing to drive straight ahead to the
Seaboard station. Then the sun got
in his eyes and he could not see the
truck. He "just run in it" and the
left fender was bent and the left
rear hub of the truck damaged. The
car stopped suddenly and his chest
collided against the steering wheel
and the blow knocked the breath out
Of him. He left then to get some lini-
ment to anoint himself with.
>"Did you have. any liquor?" asked
the prosecuting attorney. ="
No.. sir. I had some Peruy I was
taking home to my wife"
"What had you been drinking when
Chief Johnson saw you?"
Nothing, 'cept some sloan's Iini-
ment for my chest" +
After few more questions. the at
torney for the defense spoke. He
said there was no testimony of reck-
less driving, and the mayor ruled
that was question for the jury. Mr..
Moore said that in order to be con-
victed of transporting liquor the
fluid should be in some kind of con-
tainer that would make it transfer
able commercially. The mayor ruled
that this also was a question for the
jury.
Mr. Hill made the plea for the city
recounting the evidence Of the wit
nesses. The case then went to- the
jury with the result as above stated.