, 1872-12-15
First Trial Under the New
State Liquor Law.
A Wife Sues a Bartender for Selling
Her Husband Whiskey.
The Testimony offered...Instruc-
tions by the Court.
litter a Short Consultation the Jury Refuse to
Agree and are Discharged.

An Interesting case was tried in the Criminal
Court, before Judge Rogers, yesterday. 1t was
interesting as being the first case tried In Chica-
go under the act entitled An act to provide
against the evils resulting from the sale of in
toucating liquors in the State Of Illinois, the
second section Of which reads as follows: 1t
shall be unlawful for any person OF persons, by
agent or otherwise, to sell intoxicating liquors
to minors unless upon the written order OF their
parents, guardians, or family physicians, or to
PERSONS intoxicated, or who are in the habit Of
getting intoxicated"
The defendant was one Thomas Turner, bar
tender at the bar Of the Douglas House, corner
Of Douglas place and Cottage Grove avenue,
who WAS charged in the Indictment with selling
liquor to one Daniel Hanahan, q person in the
habit Of getting intoxicated.
The defendant was represented by G. G. Bel
lows, and William Woke, Attorney Of the Per-
sonal Liberty League.
After some delay in the empane1ling Of jury,
the panel Vas completed, the jury being as fol-
lows: Alfred Olson, J. B. Dixon, J. Il. Clapp,
George Mead, o. F. Millisan, Anton Scherman,
James D. Tyler, P. B. Weare, Giles Miller, Q.
R. Mckinney, A. johnson, s. s. Campbell.
E. a. COTTON, N. D.,
%~3%AAA-A AAN
Hanehan about June, once only, at his house on
the lake shore, near Thirty-second street; could
not be certain about the date,-it might have
been in July: He was suffering from deli1iun1
t.enaens.
The question to which this reply was made
was objected to, objection oVer1uled. and e3cep-
lions taken by Mr. Bellows.
Cross-eranzined Was called in to attend Han
- T.: L:
ct his house 3 Catholic priest; Hanahan Was
suffering from an aggravated case Of deliriuna
tren,e,as he showed a dread Of some impending
trouble; he was flushed, his eyes had peculiar
appearance: 8 twitching OF the nervous system
his skin, his manner, everything indicating
<3elriun, had attended fifty or 100 cases Of
delyiuna trenaens; called on the man only once;
would not swear it Vas either in June or July
would swear it was not in May; was
more inclined to think it was in the
early part Of June, but might be mis-
taken. To bring about delirium tremens
it was not actually necessary to be an labitual
drunkard only in highly nervous and sensitive
except after habitual drinking; the exceptions
to this rule we're very rare. Witness defined an
habitual drunkard to be one whose faculties
were so impaired as not to be able to attend to
his business.
BRIDGET HAWAIIAN,
wife Of the man Daniel Hanahan,. sworn. Tes-
tiled that DR.. Cotton was at her house last
summer, in July, OF thereabouts; her husband
WAS in the habit Of being intoxicated whenever
he had the money; this occurred two or three
times a week; witness had been to defendants
saloon, after DR.. Cotton had called; this was in
July or the fall :; his saloon WAS under the
Douglas House; she was in the saloon last Au-
gust OF September; inquired for the bar-keeper,
1.n+ RI 1,arh hr1a.
band; before she got through with her story to
Turner, he turned her out.
Cross-exumined: Vas only once in Turner's
saloon; it was in either August or September;
in the forenoon, she believed; entered the So
loon from Douglas place; there were four or five
men in the saloon the baTkeeper was slim,
young-looking boy; could not identify him re-
manned from three to five minutes in the saloon;
the barkeeper, On being told by her that he had
sold liquor to her husband, replied that he had
refused to sell him any; her husband could get
work whenever he was sober; whenever he made
kny money he got drunk; he never contributed
money to the support Of his family; she and
her two boys worked for their living; she never
gave him money to drink liquor with; gave him
Is or 50 cents sometimes, but never more than
once in month sometimes her husband would
stay out until OF 2 o'clock. He had not been
eteadily employed since the fire, but could have
been had be been sober. Witness never drank
anything, beer OF liquor Of any description
:
other saloon-keeper?
Question objected to, objection sustained, and
exceptions taken by Mr. Bellows.
Cross-eran1iTdtion continued: The proprietor
turned the witness out of the saloon; Dan had
beenin the habit of drinking hard for eight rhine
yeate: would be good man if he did not drink.
JEROME HANAHAN,
boy, sworn, Was son OF the preceding witness
had seen his father in the saloon under the
Douglas House about two weeks before election;
he was drinking; he Was so drunk he did not
know what he was doing; the saloon was full at
the time; after he drank he went out; never
said anything in the saloon about their selling
him liquor; was bringing his father home at the
time; his father was in the habit OF
drinking; got drunk whenever he had any
money his father was drinking Ehiskey; he
knew it WAS whiskey, because he had been IN
saloons frequently for beer for his father vat
ness stood On the stairs outside and looked in.
His mother had not told him what to testify,
only to tell the truth. No one sent him to the
saloon he went to fetch his father.
LUKE GAVIN
stcor7.: Testified that he had seen Hanahan
drinking in that saloon in September the bar
tender VAS there.
This closed the case for the prosecution.
THOMAS SMITH
s,oo7n: Testified that he was bartender, and
had been in the employ Of Thomas Turner from
Aug II till the first day Of September remem'
bered woman coming to the saloon; it Wal
Mrs. Hanhhan; there we're six or seven men II
the saloon at the time !; Mr. Turner was talking
to some men outside the bar. She said to wit
ness, 'You sold my husband liquor" Witnes!
replied that he had done nothing Of the kind
He said, your husband came in drunk, ane
went out drunk" .
Q. Did you have instructions from Dir Turne'
about it?
Mr. Reed objected to the question.
The question was waived temporarily
Witness continued: The window WAS Biz o.
seven feet west OF the bar
Cross-erarnined: By Mr. Reed- There was .
window east OF the bar, near the steps. through
which the bar could be seen; there we're tWt
windows on the west side of the bar.
A long discussion followed upon the ehgl
biity OF the question of instructions, the Cour
reserying decision.
JOHN SAULSBUf.
sworn: Keeps liquor saloon, corner OF Doug
las P1ace and Cottage Grove avenue; know
man named Hanahan.
MIR. Belowe-Haye you heard Hanahan sa::
ANYTHING about prosecuting the saloon:-keepers
Objected to, and objection sustained.
THE COURT HERE SAID
he had considered the case under the Massachu
eetts act, and did not think it applicable. In hi
opinion, the proper construction Of the &C
r,aesad nv the 14ecislature of Illinois was that