Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-12

Allen, of the Merchants hotel, charged
with keeping his saloon open on election
day, came up for trial before Judge Burr
and jury in the municipal court yester-
day afternoon.
City Attorney Murray appeared for the
city and eX-Goy. Davis represented the
defendant. The jury consisted of the fol-
lowing named gentlemen: A. T. Barrett,
G. @. Miles, A. B. Stevens, j. S. Pried-
man, +. E. Irvine and R. G. Marvin.
The court room was fairly crowded with
spectators and considerable interest was
manifested in the case.
Roundsman Dennis Murphy, the com
plainant, was first called. He testified:
Have been member of the force for
eleven years; am acquainted with the de-
PENDANT; was on duty last election day;
was coming down jackson street and
stepped into the hotel; 1 saw two men gos
into the saloon; looked in and saw other
| men standing at the bar; the barkeeper
| was behind the bar; this was about
o'clock in the afternoon; can't say who
the parties were at the bar.
Cross-eZamined-Id did not see Colonel
Allen there; John Lawless was behind the
bar; went in the side door; couldn't say
whether the room was lit up or not;
can't say what the men were drinking;
| saw no money passed; there is billiard
| room next to the bag; did not tell them
| to stop selling; I caught others selling
drinks on that day, and had them arrested
also; my object in going in was to go to
the closet; my beat on that day was ell
ever lower town; had not been specially
detailed to watch men selling liquor. He
then testified as to the duties of rounds
man.
Mr.. John Lawless, barkeeper at the
Merchants hotel, was then called. Witness
had been in the employ of Col. Allen four
years; was on duty election day; don't
remember of selling liquor on that day;
was behind the bar a very short time;
think was in the barroom at the time tbs
officer stated; 60 enc else was in the room
at that time; have known Officer Murphy
some time; did not see him on election
day; the barroom at the hotel is very dark;
We keep the gass burning generally; the
gas was not Lit that day. The barroom
was dark; Col. Alien ordered rae not TO
sell liquor on that day and
We obeyed tho order; he had
no knowledge if it had been violated;
the entrance doors we're locked all day; The
billiard room and cigar stand were also
closed; after dinner I got some cigars,
took them to the hotel counter and sold
them to accommodate guests; no cigars or
drinks we're sold in the barrooIn; the other
b4Ekeeper, Carr, was DoT On deck that
day.
John H. Dodge, head clerk at the hotel,
was next sworn. Witness had been at the
hotel for years; had not heard tho coIoners
Instructions TO the baTkeeper that day;
was CT duty election day; The barroom vas
closed after q. m; did not see eny liq-
uocs sold that day; calls for drinks were
made throughout the day. but in each in
stance they we're refused.
James w. Shearen, another clerk at tho
Merchants, was then called. Witness had
been on duty election day from $50 to
$50 p. NJ; the barroom had been closed
all afternoon; both doors were locked;
people enquired at the Office for drinks;
they were told the bar was closed; the bill
lizard room and cigar stand were both
closed; had not seen Officer Murphy that
day; entrance to the store room and laun-
dry was had by means of the barroom;
witness had tried the doors and found
them locked; Mr.. Lawless carried the
keys; the barroom is very large and the
gas is always burned in the daytime.
Mr.. D. s. Black, steward at the Mer-
chants hotel, was sworn, and stated that
in order to reach the store room it was
necessary to go through the barroom; the
barroom had not been lit up that day; the
room was naturally very dark, had been
through the barroom several timss in the
course of the day.
David Burk was the next witness; had
known Col. Allen eighteen years; witness
duty as the owner Of hack line kept him
around the hotel all day; had been at the
hotel all of election day; the doors of the
barroom were closed on election day; wit
ness tried the doors and they were locked;
had seen others try to get in and fail.
Witness testified thai the room was very
dark; don't think man at the door
! could tell what s. man at the bar was
| drinking.
B. B. Eaton, guest at
the hotel, was then called
Witness had been at the hotel election day;
had started to go to breakfast at o'clock
| that morning: had noticed that the doors
were closed; had not tried to get in; had
not seen anybody go into the barroom.
Mr.. Murray--"CoI. where did you get
| your whiskeY that day."
| Witness 81 didn't say that got any,"
| Laughter.)
Ex-Gov. Davis---"You didn't get any at
| the Merchants?"
Witness---"No sir"
Col. Allen was then sworD.
Ex-Gov. Davis---"You are the defendant
| in this case?"
Col. Allen---"So I am informed"
| Oaughter.)
The witness then testified as follows; I
| en- phatically deny that my saloon was
| open on election day; there is not word of
truth in it; told Mr.. Lawless, who has
charge, not to open the bar under any
consideration; that Mayor O'Brien would
| probably have spies around and I am sat-
isfed that he had; these were my inten-
tions and I got up at 7:90 O'Clock to see if
the bar was closed; found it closed then
and it was closed all day. Witness then
described the interior of the bar-room, its
darkness and the spring locks on the door.
He then proceeded: 81 took particular
pains to see that the bar was
closed on that day, as
I didn't want any mistake: I told Mr..
Lswless not to sell or give any liquor
away; men came to me during the day
and I sent them to other places, and told
them my reasons why: was around tbs
Office all day, and know that no liquors
| uara snId