Evening star. [volume] (Washington, D.C.) 1854-1972, 1888-05-25
A VERDICT OF GUILTY.
The Case Of John BrOsnan. CHARGED
with Keeping AN Unlicensed Bar, De.
cfded Against Him.

Yesterday, In the Criminal Court, Judge
Montgomery, the well-known case OF John Bros
nan, charged with keeping an unlicensed bar was
argued by Mr.. Riddle for the District and Messrs
W. A. Cook and d. E Cahill for the defendant
CHARGE OF JUDGE MONTGOMERY.
On the opening OF the court this morning Judge
Montgomery charged the jury. After stating the
facts he quoted the law and said: ''Two questions
are presented, viz: WAS the license, when issued
authorized legal, valid, and effective9 and could
It's efficacy be destroyed or in any wise fnuerfered
with by the District Commissioners thereafter?
On the part OF the defense the first is answered
In the affirmative and the second in the negative
am inclined to the opinion
that the Commissioners have no power to revoke
or recall license once regularly issued and with
no circumstances OF mistake or fraud attending It.
suppose, however, an applicant for license pre-.
SentS with his application what purportS To be the
written consent OF every resident and property.
owner in the square: The license issues on the
supposition that this is correct 1t afterward
transpires that all the names are forged. have
no doubt that the license might be disregarded
while probably not necessary, it would certainly
be well for the Commissioners to declare 1t void,
and SO notify the, party. suppose again that an
his application, accompanied by the bona fde
consent in writing OF clear majority OF the prop
rty-owners and residents The next day, before
leave with the proper Officers q written
withdrawal OF their consent. In ignorance or it,
to issue and it does ISSUE Can il be contended snss
it is valid7 think not The issue was unwar-
ranted: II was not properly predicated. 1t is
tional requirements II the applicant knew when
he took IL OF the withdrawal or the sgners have
no doubt that he could be prosecuted and con-
without any ceremony or revocation or notifica-
tiOn. The question here, however, is much more
serious. There was no fraud. The notice of with
fendant or the licensing authorities regard this
question as serious and doubtful one 1 do think
however, that IN disposing OF such thiLgsit should
not be forgotten that o verdict OF not guilty.
whether right or wrong, cannot be reviewed or set
aside, while a verdict OF guilty may be.
cannot protect the defendants II issued upon a
misapprehension. The authorities supposed they
had majority OF the necessary people, consenting
such q majority. Had they known the facts the
license w0uld not have issued. MY Judgment is
that they did right In advising defendant OF the
After this 90 not think his license is a protec-
tton." After quoting the Moss case the court said
that his opinion was that no legal defense had
been made, and that the verdict should be one OF
conviction.
VERDICT OF GUILTY
was rendered. The defense said they proposed to
nle motion for new trial, and the court init.
mated that he would certify It to the General
Term.
Why Lizzie Johnson shot Anthony
Stewart.
HHARNG IN THE POLICE couRr TO-DAY.
Lizzie johnson, colored, was placed on trial In
the Police Court this afternoon, charged with
shooting Anthony Stewart, also colored, last SAT-
urday night on B street, between 18th and 18th
streets northeast Stewart testined that about
IL 30 O'Clock on the night charged he was stand
ing on street when Lizzie came along. some one
called after her key-Pokey," and she dis
charged q revolver. Witness felt ringing sensa-
tion In his ear, ana he asked some one what was
the matter HIS friend lighted q match and told
him that he was shot After shooting him Lizzie
started on and said: III you come here IN give
you another"
The defendant TESTIFIED that while on her way
home saturday night stewart stopped her and
said that he was gong 10 bold her until Gordon
came and beat her. He struck her several blows
ana refused TO let her go She then drew her pistol
and shot him. She said that she was q witness In
q case against several men charged with rape and
that since that time her life had been Threatened,
ana for that reason she carried the pistol One OF
the witnesses, she said, nred three ahots through
her door after she had the trouble with stewart.
James Brooks and his wife and two boys ali col
ored gave stmtiar testimony. Brooks said that
the men also pounded his wfle ana himself The
court gave the defeudant the benent OF the doubt
caused BY the connictlng testimony and dtnmissed
the case.
Tho Kentucky handicap At Louisvills yesterday
Wna won by ERmout. Terra Gotta neoond- ana MEX