Morning journal and courier., 1881-08-05
Sorr1td ari6 Gourin.
Local News.
For other Local News see Second Pass.l
County Commissioners, Hearin,

County Commissioners Hearing. Michael Curnan Charged with Selling
 NTtnors-shalI His License Re Revoked Law Points Raised by the ,Attorneys-' No Decision Reached.
 At 3 o'clock yesterday afternoon the Coun- ty Commissioners, sitting as 8 court of juris- diction, farther heard the case against Mi chael Curnan, of this city, who was charged with selling Intoxicating liquors to a minor, and for which offense Prosecuting Agent Dwight Futile seeks revocation of Curnan's license under the law passed by the last Gen. eral Assembly giving the County Comnis- sioners absolute power in such cases. This case was continued from last Tuesday after noon at the request of ex-Judge Blyden- burgh, defendants counsel.
 At the opening of the hearing yesterday Judge Blydenburgh presented special de- murrer, the points of which were as follows i:
 1st, In the first count it is nowhere alleged when and in what place in New Haven said Ournan was licensed to sell
 2d, It is nowhere alleged in said first count what spirituous or intoxicating liquors were exposed for sale at any place.
 Sd, It is not alleged in the second count  said Curnan was licensed to sell, &c. 4th It is not alleged what spirituous or in- toxicating liquors were sold to said Mary Ellen McGarry.
 9th, It is not alleged anywhere in said complaint that said Michael Curnan had pre- vious to the bringing of this complaint ever been convicted of any violation of law relat ing to the sale of spirituous and intoxicating liquors.
 burgh said: Under the rules of pleading, as the defendant was allowed to sell in speci- fed place, it was right that a statement should have been made in the complaint as to where the liquors were sold or exposed fol sale It was question with him whether 6 person could be tried before the Commission CTS without first being convicted in court of competent jurisdiction of 8 violation oi law The effect of judgment. if adverse tc the accused party by this Board, is similar tc that of proper court hearing and deciding upon case. Every person comes before this Board with presumption of innocence and his case is prejudged by this Board be fore he has had trial before 8 court of com potent jurisdiction. Prosecuting Agent Futile replied, claiming that this court had competent jurisdiction and although not specified in the complain what kind of liquors had been sold, yet the. had right to show in evidence what kind o liquors had been sold to this minor, and iron ! the evidence presented the court could afriv at just conclusion. He asked that he b permitted to present the evidence in the case Judge Blydenburgh said as he understoo' that this question had been decided by tn Commissioners of Fairfield county, h ! thought it would be well for this Board t. defer their decision on his special demurre ' until it was ascertained definitely what tn | decision of that Board was, before proceed | ing with the case. He suggested that as tn | last point in the demurrer raised 8 point o ! law that no decision be made on that partic | ular suggestion. He would not object, how | ever, to having the evidence heard. The eV | idence then proceeded.
 \ The first witness called was Mary File | McGarry, 9 years of age. She said she live | at No 30 Davenport avenue: She went t
 MT. Curnan's saloon on Sunday. My pap
 sent me for a pint of ale beer. I wen \ in the saloon, the door was open \ There were three men inside the saloon. Nil \ Curnan was there and asked him for a pin
 of ale beer. He gave it to me and I pal ten cents. don't remember what Sunday \ was or what the month was. A question ! MT. Futile as to whether the witness bough | beer at liquor on any other time on Sunda
 was objected to by Judge Blydenburgh, bu ! was overruled by the Commissioners, wh
 thought evidence might be introduced t
 show continuous keeping open.
 Witness continuad-I went to Curnan's ss
 loon the second time for a pint of ale beer | went three times more and on each tim | obtained pint of ale beer.
 | pCommissioner Perkins-Mr. Futile, let th
 witness answer the questions and please nc
 try t0 answer them for her.
 MT. Tuttle-I am willing that the Commi
 sioners should ask the questions. | Commissioner Perkins-That is your bus
 ness; but please confine yourself to que
 tions and not to answers.
 Witness proceeded and said that she pal
 for each pint of beer. Mrs. Curnan gave he
 one pint of beer. She took her beer homo
 and what her father did not drink he thre
 in the sink and on her mother and auntie. Cross examination-In reply to Judge Bly ! denburgh the witness said she could not re'
 ollect what month it was that she got th
 beer or what day of the month, but she WI
 certain it was Sunday. She said she foun ! Mr. Curnan in the saloon part of the stol I when she went in: The door was locke I and knocked and MT. Curnan let me in. f Ellen Collins was called. Witness state \ that sEe lived in New Haven. To the best \ my opinion I was at my sisters, Mrs. M | Garry, on the 26th of June, 1881. I ws
 coming from church and stopped at my si
 ter's and found her and her husband quarre ing. MT. McGarry sent his daughter (tf
 last witness) to Curnans for beer. SE
 brought back something in pail which
 called ale beer and which he drank. St | went four or five times for beer under hG | fathers orders
 | On the cross examination witness said sI I did not taste the beer and did not know wht
 kind of beer it was. He offered me son ! and did not take it, and he threw some of
 on me. He beat me also.
 This closed the evidence for the proseel
 tion and the further hearing was adjourne
 until Tuesday next | The Commissioners made their monthl
 visit of inspection to the jail yesterday an
 approved bills amounting to $1, 543. 10. IT I bills were larger than usual owing to son l needed repairs. There are present 125 maj,
 and 24 females serving out sentences in u
 jail.