Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-10-01

Association, was called in Justice
Smiths court at Q o'clock Tuesday
afternoon, only the attorneys on either
side were present William s. Prickctt
was on deck for the Law and Order So
ciety and Walter II. Hayes, ESQ.,, and
II. H. Ward, Esq, appeared for the de-
PENDANT.
Mr.. Haywood did not put in an APP
: pearance until nearly $40 o'clock and
the counsel were kept waiting until that
time At length the defendant came
leisurely into the room, which was a
signal for Attorney Prickett to open fire
by calling James knight to the witness
stand.
After the oath had been administered
the witness stated that he had attended
the recent meeting of the Wilmington
fair and while there he had bought
glass of beer at the stand TO the east of
the grand stand, which he thought was
kept by Joseph l.. Haywood, as the
latter's name was tackled up on the
stand. The beer was poured out of
bottle with patent stop, witness said,
and he could swear that the beverage
was beer.
In reply to question of Mr.. Ward as
to whether witness knew beer when he
tasted 1t, the latter replied that he had
once worked in a bottling establishment
where beer was bottled and he had be-
come accustomed to its taste by this
time. Witness had drank two glasses
or one bottle of beer, he said.
IBID it make you intoxicated? ?" asked
Mr.. Ward.
mo. But it made my head ache"
replied the witness.
docs beer generally make your head
ache when you drink il ?" counsel for
the defence again querried.
eyes, sir; it generally effects my head"
The next witness for the prosecution
was Isaac England, who testified that
he obtained bottled lager beer at the
stand on Thursday and drank it. There
were number Of people about the bar
at that time. Witness knew weiss beer
when he drank it. To the best of his
Judgment he obtained larger beer at the
booth alleged to have been conducted by
Haywood The booth was at the east
end of the grand stand.
George z. Baldwin said he was at the
fair during Tuesday, Thursday and Sat
urday and got beer at the booth referred
to on each of these days. He had been
drinking beer long enough to know the
difference between weiss and lager.
w. N. Mccormick, clerk for the Stan
dard Sewing Machine Company, and
who acted as chief clerk for Manager T.
d. Brown during the progress of the
fair, was called by Mr. Prickett to prove
that the privilege of the booth on either
end of the grand stand were sold to
Joseph l.. Haywood exclusively, to be
conducted as an eating stand and place
for the sale of soft drinks. Mr.. Hay
wood rented the booth, paid for it, wit
ness said, and was the proper person to
have charge of the booth. The agree
ment between the fair association and
all who bought privileges upon the
grounds stipulated that no intoxicants
should be sold, Mr.. Mccormick said
This ended the testimony of Mr..
Prickett's array of witnesses and II. II.
Ward, Esq, moved for the dismissal of
the defendant on the grounds, first, that
the prosecution had failed TO prove that
any money had been paid for the beer
obtained upon the grounds; that they
had neglected to establish that the Will
mington Agricultural and Industrial
Association was the owner Of the grounds
upon which the sale of intoxicants was
alleged to have taken place, and that
bilcIt was uut Ou6 hylldDlt VI cNlutHCG
to prove that the beer obtained at the
booth was intoxicating.
Mr.. Prickett held that he had proven
by the first witness the sale of intoxi-
cAnts at the stand when said witness ties.
titled that he had bought beer there and
that he thought the beer was intoxicat-
ing. Mr.. Prickett also held that the tes-
timony of witness Mr.. Cormick proved
that the grounds were in the control OF
the Wilmington Agricultural and Indus.
trial Association and that it was not
necessary for them to own the grounds
outright. If the association rented the
grounds they were their property and
the association had full control of them
Squire Smith so ruled.
Mr. Ward then stated that he pro.
posed to show that Haywood did moi
sell one drop of intoxicating liquor on
N the grounds of the association, not even
one drop'of drinkables of any kind. He
said he would prove that another
person was responsible for the sale OF
the beverage and not Joseph l.. Hay
wood. The prosecution had made a
mistake this time.
IA "Then I'll only have to swear out a
warrant for another person" said At
" torney Prickett.
Mr.. Ward then called Daniel Nell.
a venney to the stand. Witness testified
that he was a carpenter by trade ano
had fixed up the booths for Mr.. Hay
wood at the fair grounds. He hae
charge of the booth to the east of TIT
grand stand, where the alleged liquol
was sold, and had bought the sale priv
lege of selling drinkables from Mr.. Hay
wood for $3.50. The purchase wa
made on Monday, the day preceding tn,
fair. Witness could not show receipts
for the money he had paid Mr.. Hay
wood, nor the article of agreement, blu
stated that they were home and he coulC
go and get them.
Mr.. Mcllvenney produced a govern
ment license which he had taken out OF
the first day OF the fair in his name ans
for which he paid Collector Saville $50
Witness in reply to question of Mr.
Prickett as to whether he was regula
employe of Haywood, stated that he has
worked for him since the fair but wa
not regularly employed.
Just us Mr.. McIlvenney was leaving
the stand Mr.. Prickett surprised thu
witness by asking for a warrant for hi
arrest. Attorney Prickett stated that HI
had admitted the selling of drinkahle
at the booth and he would swear out ,
warrant for his arrest himself.
Counsel for the defence stated tina
this matter could be attended to afte
the case being tried was settled, whet
Mr.. McIlyenney waived q hearing To-
the November term of the superior
court, Benjamin Kopf and ex-Ta,
Goll,ntor nouohartV hecOrninr hi,