Original Charge:
CONTEMPT,
Intoxicating Liquors
Proceeding by Edward M. Gallaher, County Attorney of Wagoner County, against W.C. Smith and C.W. Norman.
On August 14, 1911, Edward M. Gallaher, who was then county attorney of Wagoner county, filed a petition on behalf of the state in the district court of Wagoner county, alleging that a certain building in the city of Wagoner known as the City Drug Store, and located on certain lots described in the petition, was owned jointly by one J.M. Livingston and T.A. Parkinson, and that one J.F. Studyvin and Frank Barnes were occupying and operating a drug store in said building, and that in this building intoxicating liquors were being kept and sold, and many people congregated there for the purpose of buying and drinking such intoxicating liquors, and asked that a temporary injunction be granted enjoining each and all of said defendants, their agents, successors, and assigns, and all other persons, from illegally handling intoxicating liquors on said premises, and that upon final hearing said place be adjudged a public nuisance, and be perpetually abated. This order was served upon each of the defendants on the 15th day of August, 1911, by the sheriff delivering to each of them a copy of the order.
The matter then seems to have remained in statu quo until the 24th day of March, 1913, when C.E. Castle, who had succeeded Gallaher as county attorney, filed an affidavit alleging that W.C. Smith, who succeeded the former occupants of the building, had violated the terms of the injunction, and praying that he be adjudged guilty of contempt. An attachment for contempt was issued, and Smith brought before the court to answer the charge of contempt. Then on April 17th, and while the contempt proceedings were still pending, the county attorney filed a supplemental affidavit charging that W.C. Smith and C.W. Norman entered said premises with full knowledge of the existence of this injunction and its terms, and that they, and each of them, willfully and contumaciously refused to respect and obey said injunction, and charged in detail the dates upon which and the persons to whom defendants had sold intoxicating liquors in violation of said injunction, and asked that they be required to show cause why they should not be punished for contempt on account of the violation of said injunction. An order to make a court appearance was issued.
The defendants objected to the supplemental affidavit, which was overruled. Thereupon they filed an affidavit denying the allegations of the supplemental affidavit of the county attorney, and on the same day filed a response to the order to show cause.
On April 22, 1913, the matter was tried to a jury, which returned a verdict finding each of the defendants guilty of contempt.
A motion for new trial was heard, and overruled, and the court fixed the penalty of each of the defendants at a fine of $300 and six months in the county jail.
THE JUDGEMENT WAS ULTIMATLEY REVERSED ON BY THE OKLAHOMA COURT OF CRIMINAL APPEALS - ONLY DUE TO THE MISCONDUCT OF JUDGE R.C. ALLEN, Wagoner County District Court.
THIS CASE BECAME A SAMPLE OF ERROR IN AN OKLAHOMA COURT OF LAW.
And as a result, no Judge shall:
Oklahoma Court of Criminal Appeals,
Smith v Gallaher, 1916 OK CR 80
Case Number: No. A-2010
Decided: 09/18/1916
I debated about placing this online. While it's highly unlikely that there was another "C.W. Norman" in Wagoner, Oklahoma in this time period, I've not had 100 percent verification this is the same C.W., better known as "Wiley, brother of my Great-granddad. Although, I've been told Wiley liked his 'drink' and I like to think this case shows some of the spirit the Normans would show in those early statehood days. --
Danny