Tuesday’s Charlotte Observer
“I am giving Ernest Lawing all I can. If I could give him a longer sentence, I would do so,” Judge E. Yates Webb told lawyers in federal district court here yesterday, when they were seeking for a reduction of the sentence of six months in the Cabarrus County Jail for retailing and the fine of $500 for possessing liquor.
Lawing had been pointed out as a as a bootlegger in Kannapolis by Alonzo Bagley, now serving a term on the chain gang, it was brought out to R.S. Bingham, federal prohibition agent, who went to Lawing and bought a pint of liquor, he testified, positively identifying the defendants. Lawing testified that he had never sold Bingham or anyone else a drop of liquor.
Judge Webb made the statement that Mr. Bingham had shown himself a splendid and upright officer, and resented the statement of Lawing which contradicted Bingham, and, in the judge’s opinion, perjured himself (Lawing.)
Was Wholesaler
Defendants fared badly before Judge Webb yesterday, particularly all of the cases coming up having been for violation of the prohibition laws. Judge Webb took occasion to remark that prohibition does prohibit, is prohibiting more and more, and that there will be much less violation when violators find that officers and the courts mean business—have the proper respect for the courts.
Brandon Freeman, also of Cabarrus county, received a four-month sentence in jail on a charge of selling a gallon of liquor to Bingham, and was fined $250 on a charge of possessing liquor. Bingham testified that Freeman did not want to sell him as small an amount as a gallon asking if he did not want more, making the statement to the officer that he was a wholesale man.
Wants Them to Work
Judge Web, in the case of Archie Bost, colored, of Cabarrus, wanted to know why he was sent to tis court when the arrest had been made by a deputy sheriff. “He should have been tried in the city or state courts, so he would have been sentenced to the roads, where he could have worked it out,” Judge Webb said. It was explained that the U.S. Commissioner had tipped the county officers off to the case and it had been taken before him for hearing.
The officer testified that Bost had 10 half-gallon jars of whiskey in his car, which was seized. A fine of $250 was imposed by Judge Webb.
Whiskey as Medicine
Prayer for judgment was continued until the next term of court, Judge Webb having it noted that he intended to send the defendant for jail for six months in the case against Ralph Ferguson of Cabarrus County, charged with having a copper still holding 18 ½ gallons of whiskey, the beer having been secreted in his garret.
A doctor sent a statement that he had prescribed black haw bitters for Ferguson’s wife, the statement having been made that the whiskey was for this purpose. Judge Webb reminded that in prescribing a medicine containing whiskey that the doctor was providing for a contraband constituent. He held the case open to see if the doctor had written the prescription previous to the distillery run. Ferguson, it was brought out, was before the court about a year ago on a similar charge.
Ten Children Help
When it was found that he had 10 children and was a hard-working man, Walter Spry, Cabarrus County, was given only one month in jail for having a small 5-gallon capacity still in his smokehouse. He admitted to officers that he had tried to run out some whiskey some time before, but had failed. They did not believe, they testified, that he had anything to do with the 200 gallons of beer found a few hundred yards from his home.
George Dry, Cabarrus County, submitted to a charge of possessing liquor and was fined $300, while he was found guilty of nuisance in that connection and sentenced to eight months in the Cabarrus County jail. Clarence Crosby submitted to a liquor charge and weas sentenced to two months in jail. Judge Webb went on the belief that he was acting as an agent for Dry.
Other Fines and Sentences
Other cases disposed of yesterday for prohibition law violators included a fine of $200 for John Gurley, Cabarrus; Lem Ferguson, Cabarrus, $250 fine; J.H. Miller, possession, a fine of $150; Robert Saunders of Mecklenburg, two months in jail; W.F. Simpson, Mecklenburg, selling a pint of whiskey to H.C. Kilby, prohibition agent, for $3, three months in jail; Edmond Cook, Cabarrus, posing half-gallon of whiskey, fined $100.
From page 2 of The Concord Daily Tribune, Friday, Oct. 9, 1925
newspapers.digitalnc.org/lccn/sn92073201/1925-10-09/ed-1/seq-2/
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