 
The Whitewright Sun
Thursday, April 16, 1925
pg. 1
TWO WOMEN SENTENCED IN GRAYSON COUNTY
Sherman,
April 13 - Conviction of Mrs. Nellie Overley, alleged Sherman woman
bootlegger, in the 59th district court Saturday afternoon, of
possession of intoxicating liquor for the purpose of sale made a total
of six convictions on felony charges in that court last week, two of
the six being women charged with violation of the Dean Act, the first
women to be convicted under that charge in Grayson county.
Joe
Davidson, charged with the manufacture of intoxicating liquor, was
found guilty by a jury Monday, Arpil 6, and given one year in the
penitentiary. Davidson alleged in his defense that he was hunting
squirrels when found at a still by officers, who testified that
Davidson performed the duties of attending the still before they
arrested him.
Tom Taylor, arrested with Davidson, was given two
years on the same charge when convicted Tuesday, April 7. Taylor
also attempted to prove in his defense that he was hunting squirrels.
While Taylor was present late Monday afternoon when the jury
found his alleged accomplice guilty, he was absent when his case was
called Tuesday morning. Taylor, through his attorney, pleaded
illness, but arrived in court at noon after a physician for the state
had examined him at his home near Denison and pronounced him able to
stand trial. Taylor was convicted on a similar charge a few weeks
before being arrested with Davidson but had appealed the case and was
under bond.
George A. Forreston was convicted of forgery and given
two years Wednesday, April 8. Forreston is alleged to have had
several forged instruments in his possession when arrested in Denison
several weeks ago.
W.F. Ballinger was found guilty of forgery and
given two years in the penitentiary after trial, Thursday, April 9,
when it was alleged from the stand that Ballinger had forged an
endorsement on a check and received money and merchandise from a
Sherman merchant in exchange therefor. Ballinger was a laborer on
a farm near Whitewright at the time of his arrest in 1923, it was said.
Mrs.
Simmie Combs, 32, alleged woman moonshiner of Denison, was found guilty
of manufacturing intoxicating liquor and given one year in the
penitentiary, Friday, April 10. Mrs. Combs was the first woman
convicted of manufacturing liquor in Grayson County since the passage
of the Dean Act making the offense a felony. Mrs. Combs attempted
to prove in defense testimony that she had employed the still, which
was found in her home on West Morton street, Denison, in preparing
prune juice for her 4 children, who are said to be afflicted with
tuberculosis, and also that whisky had been prescribed by a physician
for her children. Arresting officers testified that they found a
still in operation and approximately 350 gallons of fermented mash in
her home.
Mrs. Nellie Overley was convicted Saturday, April 11, of
possessing intoxicating liquor for sale, and given one year.
Officers testified to finding two and one-half gallons of corn
whisky in her home on N. Broughton street, Sherman, the glass
containers of which were said to have been broken by Juanita Overley,
17-year-old daughter of the defendant. Defense testimony was
introduced in an attempt to prove that the liquor was not in possession
of the defendant, and that it was the property of her son, Gunby
Odneal, was placed in her house without her knowledge, but with the
knowledge and consent of her daughter, who is also under indictment for
alleged possession of liquor. Note: In 1918 Texas ratified the 18th Amendment to the U.S. Constitution, outlawing the sale of intoxicating liquor.
In
1933 Congress amended the Volstead Act, known as the National
Prohibition Law, to permit the sale of beer and in August 1933 the
voters of Texas adopted an amendment to the Texas Constitution
permitting the sale of beer.
The
21st Amendment of the U.S. Constitution repealed the 18th Amendment of
1918 and became effective December 15, 1944. Texas voters
ratified an amendment to the state constitution repealing state
prohibition. (Texas Alcoholic Beverage Commission. The History of the Texas Alcoholic Beverage Commission, 1935-2005. viewed April 10, 2018)
FELONY
Susan Hawkins
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