Judge J. Laurence Jones, in municipal court, Monday, sentenced A.D. Vandenburg to eight months on the county roads upon conviction of charges of receiving and keeping liquor for sale.
The sentence followed touching appeals by attorneys for the defense in behalf of his family and his mother, and a retort by E.B. Bridges, acting solicitor.
Following testimony of next-door neighbors that his wife is weak physically and that he has a mother over 70 years of age who constantly needs his care and attention, D.D. Smith and Clyde Stancill, attorneys for Vandenburg appealed to the court in behalf of his love for his mother and her need of his care.
Attorney Bridges, declaring that the apprehension of Vandenburg had cut local streams of liquor off at their source, asked the court to consider "the mothers of the drunkards which Vandenburg's liquor has made. He had "jeopardized her name" when he engaged in an occupation which he knew to be in violation of the law.
Judge Jones, in imposing sentence, expressed consideration for the family of the defendant, but declared that his case seemed to be such a flagrant violation of the law, in which the virtual manufacture of whiskey was involved he felt it to be his duty to the public to sentence him to serve on the roads.
NOTICE OF APPEAL GIVEN
Attorneys for Vandenburg served notice of appeal. Bond was fixed at $1,500. Request was made by Attorney Smith for its reduction, but Judge Jones refused.
The evidence in the case was heard during the Saturday session of municipal court when the two members of the plainclothes force of the police department told of the capture of between 75 and 80 gallons of liquor in a basement under 31 South College street and the arrest of Vandenburg. No evidence was offered by the defense Saturday. Judge Jones reserved his decision until Monday in order to permit the defense to introduce character witnesses.
Instead of introducing character witnesses, next-door neighbors of the defendant were placed on the stand and told of his home life. He was described as a good father and son. He was two grown sons, two small boys and two grown daughters, they said. His wife was described as being weak physically and his mother who declared to be unable to retire at night to arise at morning without the assistance of her son. His constant care for her was stressed by the two witnesses, N.A. Rutledge and a Mr. McCall. Judge Jones held the defendant guilty on two charges, one of receiving liquor and one of keeping it for sale.
SUSPENDED SENTENCE DENIED
Then, in the presence of a crowded courtroom, followed three appeals by attorneys which were declared by court attendants and others to have been among the most touching heard in the courtroom in months. Two of the appeals were for suspended sentence. The third, made by Acting Solicitor Bridges, while not asking for a road sentence, appealed for severe punishment.
The court was appealed to temper justice with mercy because of the family of the defendant. The suggestion was made that he be given a sentence and that it be suspended with the requirement that Vandenburg report at intervals to the court to show good behavior. The need for his care by his mother and the members of his family was stressed.
Acting Solicitor Bridges admitted the conditions in his family as told by the witnesses but he declared it to be his "duty to the public as acting solicitor" to insist on proper punishment for the defendant. His failure to consider his family when violating the laws was placed before the court by Mr. Bridges, and the consideration which must be shown "the mothers of the durnkards which Vandenburg's liquor has made" was emphasized.
Judge Jones imposed a sentence of four months on each of the two charges. Notice of appeal was made immediately following the pronouncement of sentence and the $1,500 bond was made.
From The Charlotte News, May 2, 1921
No comments:
Post a Comment