Ashtabula telegraph. (Ashtabula, Ohio) 1874-1880, 1878-06-21
Police Court News.


Gottlieb Geoppinger, a salOon-kespsr had
a hearing before Judge Richards last Tues
day, en- the charge of violating q village
ordinance requiring saloon-keepsrs to close
their places at 1890 O'Clock p. m. The
charge was brought by Officer Scovills,
who said that while on his beat about ii
o'clock on the night of June 10th he saw
three men in the defendants saloon drink
ing beer. Geoppinger admitted this and
testified that the beer they were drinking
was purchased previous to 1890 o'clock,
and that the gentlemen, Messrs Ross and
Skillicorn remained in the saloon, slipping
their beer and discussing theological sub
jects until after eleven o'clock. he did
not however deny that his saloon doors
were open. Marshal Thorpe testified that
he was in GOoppinger's place about 1890
o'clock on that night and the last of the
beer in the keg was drawn and drank in
his presence.
The court considered there was doubt
about the time of closing up the saloon.
The defendant was given to understand
distinctly that the closing up meant (and
should always be so construed in this
COURT the shutting up the doors and no
consumers inside; that the room must be
unoceupied by all but the proprietor and
bis family, or the strangers quiet within
his gates for the night, and in as much as
there was discrepancy among the wit
nesses as to the exact time which threw
doubt upon it, the defendant should have
the benefit of the doubt, where upon it was
considered by the Judge that the defen-
dant has not knowingly or Intentionally
violated the ordinance, as charged upon
him, and the defendant was discharged
from custody and the case dismissed.
The following is the ordinance:
AN ORDINANCE, To Regulate and
Restrain Beer and Porter Houses or
Shops.
GECTION |. Be it ordained by
~ the Council of the Incorporated Village
Of Ashtabula, that the owner. keeper or pro-
prietor of each and every ale. beer and pOr. er
house or shop within the Incorporated VII
lage of Ashtabula, shall close the same. or
O'Clock p. m. each day; and also shall close
the same or cause the same to be closed on
Sunday.
SEC II. That it shall be unlawful for any
owner. keeper or proprietor, or the agent,
servant or employee of the owner, keeper or
proprietor of any ale, beer or porter house or
shop to keep open, or to suffer, permit or al
low to be kept open, any such ale, beer or
porter house or shop, in said Incorporated
Village of Ashtabula, after the hour OF 103O
o'clock p. m, or on Sunday.
SEC. III. That it shall be unlawful for the
owner, keeper or proprietor, or the agent,se
want or employee Of the owner, keeper or
proprietor of any ale, beer or porter house or
shop to sell, furnish or give away, or to sur
fer, permit or allow to be sold, furnished or
given away to be drank on the premises; or
permit to be drank on the premises any ale
beer. wine or any spurious, fermehtSo Or
malt liquors, after the hour OF lO;sO O'CLOCK
p. m, or on Sunday; and any such sale, fnr-
nishing or giving away ofany ale, beer, Wlne
porter or any spurious, malt or fermenteo
liquors, or allowing the same to be drank on
the premises, shall be prima facla eVldence
of a keeping open within the meaning ofthis
Ordinance.
SEC. ". That each and every building,
resort, where ale, beer, porter. wine or any
spurious or malt liquors are sold. furnlshed
or given away to be drank on the premises,
shall be deemed, taken and held within the
meaning of this Ordinance.
SEC. V. Any person or persons who snail
violate any Of the provisions OF this Ordi-
nance, shall, on conviction thereof, forfeit
and pay a fine ofpOt more than Fifty Dollars,
or be imprisoned in the Jail of the county or
Village Lookup" not more than Thirty
Days, or both, at the discretion OF the Mayor,
and shall pay the costs of prosecution ana
may. at the discretion ofthe Mayor, be I'M
prisoned until said fine and costs are PAID
SEC. VI. It shall be, and is hereby MADE
the duty of the Marshal and his deputies TO
arrest on view any person found violating
any of the provisions OF this Ordinance.
SEC. VII. All prosecutions under this Or
dinance shall be brought before the Mayor OF
said village, on written complaint specify
ing briefly and in ordinary Language the Of
fense.
SEC. VIII.-All Ordinances or parts of Ordl-
nances inconsistent herewith are hereby re-
pealed.
SEC. TX. This Ordinance shall take effect
from and after August 5th, 1872.
Passed July 10, ~. Z. L. KING,
Attest-A. H. TYLER, Mayor.
Clerk