Kentucky Lawyer

Santa Claus

3 Kentucky Lawyer sonable or imaginary, there was invariably a “hung jury.” There was rarely ever an acquittal. The reason for so many hung juries is left to your imagination or wisdom. I will not hazard an eplanation. Some observers were so bold as to suggest that although the violations were flagrant and universal, juries would not convict because some of the jurors very probably had “bootleg booze” at home or “home brew” in the cellar. Each community had its particular way of breaking the prohibition law. In some places the imported whiskey was delivered to the home of the customer. In other places deliveries were made at his place of business. Still other consumers sought out their retailers at some rendezvous in the woods or down some country lane. Santa Claus I heard the late Judge Dick Thomas of Bowling Green tell this story of a famous lawyer of Brownsville, Edmonson County, of a generation ago. His name was Milton Wright and he was one of those delightful small town lawyers, scholars and seers, who, I must regretfully say, are rapidly passing from our scene, but who, we hope, legend will preserve for us in memory a few more years. Brownsville and its citizens of overwhelming Baptist and Methodist persuasion still jealously held on to the moral side of the law on the question of prohibition. Do not misunderstand me. This did not include all of the citizenry of that delightful little city, but the so-called “good people” so outnumbered the others that it was necessary for those who were publicly “dry” but privately “wet” to have some  Mac Swinford secret method of getting their liquor. Consequently they generally practiced the third of the above enumerated ways or what has been called the rendezvous plan. It was Christmas Eve and the sheriff sitting watchfully in his car near the courthouse saw one of the local hypocrites leave town and drive toward a backwoods section of the county some few miles away. The sheriff was well acquainted with the section where echanges of money for moonshine whiskey was a somewhat thriving business. Taking a short cut, he left his car and worked his way through the woods to a place near a large oak tree beside which was a small black gum stump. From a hiding place he waited for several minutes until he was rewarded by seeing the town man come down the path, look furtively about him and place three one dollar bills on the stump, then turn and walk back up the path a few paces. Almost immediately a hand and arm appeared from behind the oak, grasped the money and disappeared only to again instantly reappear and place a quart Mason jar of moonshine on the stump. The sheriff waited. The purchaser came back down the path, picked up the jar and put it under his coat just as the sheriff rushed from his hiding place. He arrested the purchaser but was not quick enough to catch the seller. Charges were made against the embarrassed and unfortunate man accusing him of purchasing alcoholic beverages in violation of the law. Being a respected citizen and churchman he could not afford to admit his guilt by pleading guilty, though you may wonder what defense he could possibly have had. He employed Mr. Wright and in due season the case was brought to trial in the Quarterly Court at Brownsville.  Kentucky Lawyer The sheriff testified and gave the eyewitness account I have just stated. The Commonwealth closed its case and counsel for the defendant stated that he offered no proof and the evidence was closed. The judge gave the stereotyped written instructions proper in such cases and called for the arguments. Mr. Wright, with his thick gray hair, rosy cheeks and quaint old-fashioned dress, stood up before the jury, a picture of the natural elegance of the old school lawyer. He made a few complimentary remarks about the judge and the jury, reminding them of the grave duty which this attack upon his client’s honor placed upon them, then came to the point of his speech. “Now, gentlemen,” he said to the si men occupying the chairs before him, “when you went into the jury bo you didn’t leave your common sense back there in the courtroom. You took it with you and when you go to your jury room to...