Bridgeton pioneer., 1888-10-18
above the level of the road"
Are there steps to lead up to the
building?

! He said there was fence around his
! building, which formed an enclosure.
| A person coming up the road from
Bridgeton, could not see person sit.
ting on box at the south side of the
building. He said the sales of beer in
his building were made from the front
room. A person buying beer would
have to go out of his front door, and
between TWO fences, one on each side
of the front of the building, to get off
of his premises. They could not go
out any other way. There was fence
running along the front of the build
ing, some 80 feet below it.
John Nolan, recalled, denied that he
had ever allowed any one to go
through the building 20 the rear, if he
knew it, when beer had been pur-
chased. The defence here rested.
Smith Davis was recalled, and said
| people could be seen sitting on the
| boxes south of the building, by per-
sons passing the place, coming toward
Bridgeton. The State here rested
| Mr.. Hoagland said if the Stase would
rely for conviction, 1st, upon the
general elements of disorder; 2nd, on
the construction the State gave the
| law, as being violated by the persons
selling beer, which was drunk ION or
about the premises, y and that the sales
there made, were made under plan
| fixed for the evasion of the law. Col.
Potter began summing up the defence,
but first asked for the discharge or ac-
quittal of McQuigg.
| He argued that these defendants
could not be convicted under this in
| dictment, because no disorder was
| shown to have existed ION the prem
is'' or in the building. The beginning
g his argument was predicted entire
ly on this point: "There may be dis,
order about the house, but if no ele-
ment of disorder existed in the build
ing. no conviction can be had," said
the Colonel; another point he made
was that the Indictment had been
found on the sworn complaint of one
Joseph Butler, but Joseph Butler had
not appeared here as a witness at any
time. He then proceeded to lay down
the law for the defendants as EHshntfer-
stood it, and claimed that to constitute
a disorderly house, the State must
show habitual disorder in the house,
not erratic outbreaks of disorder. He
Tread legal opinions to substantiate this,
quoting Justice VanSyckel, Chief JUS
tice Beasley and Judge Reed in a
former case. He also claimed that ha-
bitual violation must be of like in
kind and not of single violations
of different laws. The argument for
the defence went to show that every
ingenious machination of law had
been made use of to surround
this case with Gordon of legality
which would make it invulnerable,
however notorious it may have be-
come. Mr.. Hoagland began his argu-
ment in q matter -of-fact-way, and he
did it in such way as to spec dily
arouse the watchful ire of the defence.
As he warmed up with the subject he
was sparing in his description of the
results of the business. carried on there.
He showed how it was revealed by the
testimony how careful steps had been
taken by the defendants TO virtually
evade the spirit of the Local Option.
Mr.. Hoagland declared that this law
was passed expressly to prevent this
very kind of business and TO remedy
this kind of evil. He declared that
the evidence showed that the spirit
and intent of this law had been evaded
by these defendents.
| Judge Reed, when lie began to charge
the Jury instructed them to bring
in verdict of acquittal as to Mr.. Nc
Quig, against whom there was no evil
dence. He said, in defining disorderly
mouse, place may be as quiet as
church, and yet be a disorderly house
AS gaming house. The place COM
planned Of was claimed by the prosecu-
tion was disorderly under its manner
of selling liquor There was no evil
dence of habitual disordery rows, but
the Judge said he had no doubt that
such house could be kept in manner
as to be disorderly; if the place became
the headquarters of drinkers, bis place
became disorderly. He has the right,
under the law to sell, but he had no
right to gather around him, habitual
drinkers, and if such was the case, the
place was disorderly. Neither did the
Judge hold that disorder must be
habitual of kind, but may be OF any
series of illegal acts dissimilar in char
| acter.
The statute passed last winter. and
going into effect the 4th Of July makes
the sale of liquor in any quantity to
, be drunk on or about the premises is
| a miSdemeanor. The word ..aboutn