Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1888-11-20
HEAVILY FINED,
THE RESULT OF SELLING L.
QUOR WITHOUT LICENSE.
james m. BArton, the Proprietor OF the
Novelty Theatre, Fined $500
A Large crowd Present
Rt the Hearing.

The case OF James M. Barton, the pro
prietor Of the Novelty Theatre, charged
with selling liquor without q llosnse,
WAS again taken up before Judge Ball
last evening at this city court. The tes.
timony for the prosecution was heard
on Friday evening, bus as William T
Bmithers, Esq, c0unGei for the accused
stated that his witnesses were not pres
emit, tho case was continued until last
evening.
The court room WAS crowded in every
part. and the jam sRainst the railing
was reminder Of the days last winter
when the ASSESSORS perpetEAtsd their
never to be forgotten outrAges on the
rights OF the people. VIM. T. 6mithers,
ESD, stated to the court that he had
several witnesses present to testify to
the good order that prevailed ut the
theatre aud the excellent character Of
the place
Mrs. AunIs Wood was sworn, and
testified that her husbaud Is the lead I
Of the orchestra at Bsrton's. She ire
quently attended the performances and
never saw any thing wrong or immoral
In the place. She considered the place
Just az proper for LAZY TO attend, or 10
take ohild TO, SIS the Opera House.
She had frequently BEEN In the place
aud rsver saw anything wrong.
Heny kaufman testified that he is
employed In the orchestra at Bsrton's,
and has been for some time. His wife
frequently attended the performances
and took their 8 year old little girl with
her BE had never seen beer or liquor
NJ lind anIh ~
premises. Between the acts, when the
curtain was down, he rem aimed in the
orchestra and did not 90 behind the
scenes. BE did not remember ever
having seen man named Hoffman
about the plaoe.
Lilly Hughes testified that she came
here from PhilAdelphia on Monday, o. b
Of this month, under an engagement
with Mr.. Barton to perform In his
place, and has been there ever since
She never served beer or liquor 10 Hoff.
man or any one elae, and never saw In.
the premises.
On the night OF the 18th, when II ls
charged that Msmle Sullivan sold Ii.
duor In the place, she was in Richmond,
Va, performing ~ q theatre In that
city. The witness knows Kennedy, but
never saw him serve or sell any liquor
on the premises; the only work abe ever
saw him do was to write some letters.
She had never seen Hoffman in the
place, and Indignantly denied thAt he
wRs In the room back Of the stage, 90
that WAS used as . dressing room by the
lady performers. Sh 3positively denied
that there was room on the premises
htted up as q drinking place, with beer
pumps, bottles and other articles, such
SO were described by the detectives. In
answer TO the Judge, the wItnesH EAid
that she had never seen any boys OF
girls about the place.
While she was giving her testimony
there was considerable inOEedulous
laughter, which Was promptly sup.
pressed By the chief. As che whB leaV-
ing the staEd City Solicitor TuFner eyed
her critically and said; "You are the
most wonderful witness 1 ever saw, Z"
when she replied sAuoily, "ThAnk you,
siT."
Mr.. Barton insisted on having ofiosr
Burroughs called to the stand, aud he
testified that the Novelty Theatre is on
bis best. He had been In there several
tunes for a few minutes to see that
order was preserved and never saw
anything wrong. He, however, knew
nothing about the place beyond what
came under his notice 10 the perform
apoe Of his duty.
This closed the testimony and Mr.
Smithers said that ha thought the wit
nesses who had testified for the defense
should have IS much weight with tho
court IS those for the prosecution,
Mr., Turner said that he WAs surprised
that nnu ma uTnnth mama 60
testify that this place was q at resort
FOR children, and he placed very little
credit on any suoh testimony. He did
not consider that this place iB any bet
ter or any worse than the majority OF
variety theatres, but that was not the
issue, as the charge is for selling liquor
ILLEGALLY.
Judge Ball said: "James NJ. Bartop,
stand up. Yo1 are charged with selling
liquor in violation Of the Law on No
vember ., 8, 9, 10 and IL, You have .
license for theatre, but the court has
deemed 1t wise to deny your application
for license to sell liquor. You have
no right TO keep such place % 1t has
been shown you keep, and l intend to
make 1t very Improbable business for
You to do so. According to the tesH
mCny your place Is disreputable re,
sort, and we think 1t would be we'll for
the morals Of this city II 1t was closed
altogether. adjudge you guilty on
each charge, AMI sentence you to pay
hne OF 500 and costs in each case. You
ara now committed 10 the custody OF
the chief Of police until this sentence ls
complied with"
Barton was afterwards taken up stairs
10 the chiefs room, where he stin was
this morning, bat 1t is expected he will
pay his hneS and costs today.