The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-07-30
THE COUNCIL SAYS No.
THE MAYORS DECISION IN THE
WHITE CASE REVERSED.

A Lively Time Among the Aldermen
Settling the Appsal-The Mayors
Statement Of How Winter Was
Fiaed-Ths Policemen's Story of the
Finding of Winters Place Open Sun
day and OF His Arrest for Abusing
| One Of Them.
The city council reversed Mayor Nc
Donough's decision yesterday In the Her
man Winter appeal case by acquitting Win
ter Of the charge Of having his barroom
open on Sunday morning. May 3. Winter
was arrested and fined 800 by the mayor
for having his place open, and IS for resist
ing and abusing the arresting officers. He
appealed the case, and by a vote of to l,
the council decided him not guilty. Winter
was represented by Thomas 8. Morgan,
Esq.
As soon as the case was called by Mayor
| McDonough Mr.. Morgan made the point
that the mayor aud aldermen, as the council,
bad no jurisdiction 70 try Winter for the
offense, for if he was guilty, as charged,
tho state laws cover it. and it was not 10 the
province Of the mayor 30 have tried it. No
man, Mr.. Morgan claimed, can, under the
laws of the United States, be punished twice
FOR the same offense. The point was over
ruled.
Officer Murphy testified that as he was
| passing Winters place about 1915 o'clock
IN the Sunday morning in question, he
looked into the barroom and saw several
/ ersoGs standing at the bar drinking beer.
| He cille1 Officer Baughn's attention 10 the
state Of affairs and remarked:
A POLICEMAN'S How-DE-Do.
This is a nice how-de-do; men drinking
in there Sunday morning." Winter opened
the door and Officer Murphy told
him that he would have to get those
| men out Of his place, as it was Sunday
morning.
Mr. Morgan and several members of the
council subjected Officer Murphy to criti-
cal cross~axaminatiou, but the material
points Of his testimony were not broken
down. He proved that it was after 10
O'Clock when be saw Winters place open,
because he had relieved Officer Russell at
Whitaker and Broughton streets about 10
o'clock.
Officer Baughn's testimony oorroborated
Officer Murphys in every particular, ex-
capt as to the beer-driuking He saw the
men standing at the bar. Winter, he
said, came out of his placs and began
abusing him, and he placed him under
arrest.
James J. Deignan testified that he was on
broughton street in front OF the Somers &
Fitzpatrick saloon just as 10 o'clock was
striking. Officer Baugha, ne said, was
standing in front Of Winters saloon looking
into the place. Winter came outside and
| told the policeman that his place was closed
and be didn't want him standing around
Officer Baughn replied Don't give mo
| any of your CUFF, or I'll take YOU in" The
saloonkeepsr then threw up his hands aud
tho hat ha ll,,fk ~
as he had done nothing. Then Officer
| Baughn grabbed him by one arm, aud
Officer Murphy ran up and caught the other
arm. The witness didn't see Winter offer
any resistance nor use profane language.
THE LITTLE coLoNEL's STORY.
Little Col" Heubler was the next wit
ness. The little chaps head barely reached
| above Clerk Rebarer's desk His testimony
was given in broken English and aft orded
much amusement to the aldermen and
spectators. Col. Heubler testified that it il
the invariable habit on Saturday nights to
put the crowd out ten minutes before II
O'Clock. he himself generally gives the
orders. He said he went upstairs about
II 40 o'clock and at five minutes before II
O'Clock the ladies' orchestra came upstairs
into the dining room, and about, maybe,
one minute it was to II O'clock Mr. Winter
and his barkeeper came up. Then Mr..
Winter came downstairs and he didn't
came back anymore Col Heubler went
downstairs to see what the trouble was and
| found out that Mr.. Winter was arrested.
On being asked what connection he had
with Winters saloon, Col Heubier said he
| moves around among the crowd TO see that
every body gets glass of beer He denied,
however, being the "bouncer"
One OF the aldermen asked the midget his
age, and When he replied 81 q general litter
| OF merrlment passed around the chamber
A. K. Altmayer teStifei that on the night
Winter was arrested he had been in the
saloon until II: 80 o'clock, and heard the
| proprietor at that time tell the crowd to go
out as be had to close before l2 o'clock.
Charley khnck, one of Winters en-
ployes said he closed the barroom at Ii :55
O'Clock, and took the key upstairs.
THE PRoPRIEToR's STATEMENT.
| Winter stated that he gave orders at 1 80
O'Clock to the crowd thatit must go out. At
three minutes to II he closed
the bar While talking to a man at the
door, an officer stepped up and
told him to close his bar.
He answered that the bar was olosed
While on the sidewalk smoking a cigar,
Officer Baughn, he claimed walked up and
| IN rough manner ordered him get inside
he refused, saying that he had a right to
stand In front of his private residence. The
| policeman then arrested him, and he ad
mitted resisting and using improper LAM
guage for which he paid IS in the police
| court.
Winter went into detailed statement of
the kind Of a resort which he keeps. 1t is
an orderly house. he said. which is visited
by the best people in Savannah. professional
and mechanics, together with their wives
and children. He said he had never violated
the Sunday law, and submitted letters as to
his personal character and the character of
| his saloon.
Officer Russell was sent for, and after
Winter had concluded his statement the
| officer corroborated Officer Murphv's state
ment that he was not relieved by the latter
until about 1908 o'clock at Broughtou and
| Whitaker streets. 1t was after his meeting
with Officer Russell that Officer Murphy
went to Winters saloon.
LAWYER MoRGAN's wINDUP.
! Mr.. Morgan made an eloquent argument
In behalf of Winter. He said it was pass
ing strange that the policemen had not
secured a single witness TO corroborate their
statements, while, on the other hand, repu~
/ table CitiZ6Os had DrOyan ba