Evening journal., 1889-11-21
DEFECTIVE INDICTMENT.
JUDGE BALL FORCED TO DISMISS
THE lRMA CLUB CASE.

crowd was so large tnat Mayor HarflnR-
ton placed q Gordon Of police around the
building to prevent any more from en-
tering The plaza in front OF the City
Hall was filed with persons who took
great interest in the progress of the
trial. Court was in session for three
hours.
Mary Delaney, colored, charged with
assault and battery on Sallie Dickson,
introduced evidence in rebuttal OF the
evidence for the prosecution Our old
friend, Joseph H. Christy, Jr., who as
sisted to make the life of the correspon-
dents at Camp Phil Sheridan worth
living, was a witness for the prosecution.
Chris spoke in his characteristic man
ner. Miss Delaney was dismissed. She
pleaded guilty at the mornings session.
H. b. Seeds and w. +. Seeds, charged
with violating danger signal ordinance,
had their case postponed until Friday
morning.
The Irms Club Gaze was then resumed.
Caleb B johnson, owner Of the build
ing No 416 Market street, testified that
he had leased the second floor Of the
building to the Irma Social Club. The
lease was produced. II was signed by S,
r. Warfeld and Walter j. Murphy. they
we're tenants of the room until last Non
day. Mir. johnson identified Warfeld as
the man who had at one time paid therent.
Clerk Hyland read the lease Lewis
Owens and John McAleer are mentioned
as trustees of the Irma Club. The lease
provides that no wines or liquors ba used
in the room and that no disorder be
made; If So the lease was forfeited
The cousel for the defence objected that
the lease was not proven; then Mr.
Turner proved the lease. IN answer to
a question, Mr.. johnson said he was not
sure whether Owens and McAleer were
present when the lease was executed.
Harry Lodge one Of the prisoners, was
placed on the stand, and the charge
against him withdrawn He testified
that he was a member OF the irma Social
Club did not know whether McAleer was
a member; McAlleer took part in the
meetings of the club and was a trustee
with Warfeld, Owens and Murphy.
Witness did not know how late the club
kept open, as he always made point of
being home by 10 o'clock. Owens was
president two months ago. Vandegrlft
was secretary. If a member Of the club
was in arrears 50 he was dropped ffrom
the rolls. If that rule was enforced there
would be but one member, Collins The
rule was not enforced, and the backward
members continued to enjoy the privi-
leges of membership.
Prank Heaten testified tha5 he was not
a member of the club, but had visited
the room last Sunday night week and
several other times. Saw Mcclure, Lodge
and others there
George ularkson testified that he was
not member of the club. His name is
on the clubs ball ticket; it was put
there without his consent McAleer aud
Warfeld asked him to join the club; they
offered to have him elected a member.
Charles w. Mcclure testified that he
will be 81 years cid next April; never
was member of the club; didn't know
who invited hin to visit the rooms.
Walter J. Murphy testified that he was
not a member of the club. He signed the
lease at Warfeld's request, for his &C
commodation. He didn't know what he
was signing He testified that Lodges
statement that he was trustee was
untrue.
Samuel T. warfeld, one Of the pris.
oners, was placed on the stand, and the
| charge against him Withdrawn. He
lives at No. 420 Taylor street, was a
member of the Irma club, and signed the
lease. Horace Vandegrift and Lewis
Owens were secretary and president of
the club respectively. John McAleer,
Lewis f. Owens and Horace Yandegnft
were members of the club. Persons who
had not keys to the door trapped"
Carrie Mcmahon was recalled She
/ testified that McAleer said he was
member of the club and that he said the
other young men are all members of our
| club. The door was unlocked when
they went up, but after they were inside,
the door was locked.
Then the state closed its case after
having consumed FIVE and half hours
in taking testimony and in cross exami-
nation. The defence began. Willard
| HGll Porter, Esq, stated he would ask
that the case be dismissed on legal
| grounds. That the house was not dis
orderly house He read extracts from
rulings Of judges on similar cases. Will
| liam i, Lyman, Esq, followed Mr.. Porter
His first point was, there is no such
ofense as that of being concerned in
interest in a disorderly house. The
second point was that it was not a
disorderly house.
City Solicitor Henry Clay Turner rose
to the table, smiling. He began by clear
ing up that the prisoners could be fined
for being concerned in interest in dis
orderly house. He then explained the
meaning Of a disorderly house, and said
he had thoroughly proved it. The place
was place of public entertainment
shown by the fact that non-members had
the liberty of the club room. Judge Ball
said the act of disorder was proved, in
his estimation. Regarding the public en-
tertainment, Mr.. Turner reiterated that
that had been proved, and that keep.
ing" was being concerned in interest
in.
Judge Ball held that there was no
doubt that this net had been proved con-
corning the disorder. "A case Of disor-
der that ought to Bring blush of shame
to every honest man in our city, that
there can exist such men to take part in
such matters as have been proven in this
court. / do not believe this statute
covers the question Of the clubs. do
not think there is any other question. l
am very sorry that am forced to rule as
! must rule in this case. In my opinion
the information was defective. and /
must dismiss the case. / do it reluc-
family, for believe these young men
should be punished for their act against
the good name of the city"
City Solicitor Turner thon arose and
said Il have another charge against
Lewis Owens, John McAleer and Horace
Vandegrift; that of keeping disorderly
house" Judge Ball held the men IN $500
bail for their appearance on Friday
4 m rrr