Oklahoma City, Okla. April 3--In affirming the conviction of S. H. Cumberidge, a Muskogee druggist, of illegal sale of intoxicating liquors the criminal court of appeal's in an opinion by Presiding Judge Henry Furman, held that where the evidence shows the defendant was concerned in the illegal sale of intoxicating liquors it is immaterial as to whether the sale was made by the defendant or by another person who was acting for the defendant.
Cumberidge, who is a prominent citizen of Muskogee, was sentenced to pay a fine of $200 and serve thirty days in jail. Witnesses testified that a negro porter sold liquor from a little room behind a prescription counter, but that Cumberidge remained at his desk in the main portion of the store. In discussing feature Justice Furman said in his opinion: "The idea that a proprietor of a drug store should allow his negro porter to run a bootlegging joint in the rear of the prescription case to which access could only be made from the front and that the proprietor was not in any manner concerned or connected with the bootlegging joint is an insult to the intelligence of the court and jury."
The court ordered the mandate affirming the sentence sent to the Muskogee authorities immediately.
The sentence of W. H. Etchison in Ellis county for violation of the prohibitory law was affirmed in an opinion by Judge Doyle in which he held that proof of the payment of a federal liquor license on the day before intoxicating liquors were found in the possession of the defendant constituted prima facle evident of his suit.