Homer Brown and John Jones, two Balsam men, were convicted at the February term of Superior court and ?? need to serve terms on the roads of Henderson county, have been ordered released by Judge Finley under the Calloway Bryson prohibition act.
Brown was convicted of retailing and Jones of manufacturing [moonshine]. The attorneys for both men tried to persuade Judge Finley to accept a fine in lieu of the road sentence, but his honor refused to allow them to pay the fine, and sentenced them to serve terms on the road. As soon as certified copies of the Galloway-Bryson act, applicable to this county, Polk, Graham, and Transylvania, and providing a minimum fine of $50 and a maximum of $100 for the first offense of violating the prohibition laws, was received here, brown and Jones began habeas corpus proceedings. A hearing was given by Judge Finley at Murphy, and he ordered them released, as the Galloway-Bryson Act was ratified a few days prior to the February term of Jackson county superior court, and the judgement pronounced by Judge Finley was therefore void. They have neither to pay fines or serve the road sentences.
From the front page of the Jackson County Journal, Sylva, N.C., April 3, 1925
newspapers.digitalnc.org/lccn/sn91068765/1925-04-03/ed-1/seq-1/
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