Jim Palmer must pay a fine of $300 and the costs for violating the prohibition law, unless Judge Harding should grant the motion of defense counsel to set aside the verdict of guilty. Palmer was convicted in connection with the disappearance from the liquor car of J. M. York of one gallon of liquor. Palmer helped to make the capture. The liquor disappeared before the car could be taken to the jail, according to testimony.
Judge Harding gave the defendant his choice of a four months’ road sentence or payment of a fine, and Palmer took the latter. It was only consideration for the man’w wife and children, Judge Harding said, which caused him to allow him an alternative—otherwise palmer would have gone to the roads.
The motion for a new trial, made by defense attorneys on a basis of alleged newly discovered evidence, was made Monday, but late Wednesday Judge Harding had not ruled upon it.
Harry Brown, who runs a filling station near the State line, testified that on the day York was bailed out of jail he gave him a ride to the State line, and that York said that the last time he came that way it cost him a gallon of liquor to get out of a mudhole. The defense sought to show that this was the gallon of whiskey which disappeared.
Brown’s testimony was flatly contradicted by York, who was brought from Georgia to testify, and three other witnesses gave testimony tending to prove that York’s statements were correct.
From the front page of the Franklin Press, Friday, Sept. 3, 1926
newspapers.digitalnc.org/lccn/sn92074069/1926-09-03/ed-1/seq-1/