The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-09-17
M'BRIDE WINS AGAIN.
TIE CITY COUNCIL ACQUITs HIM A
SECOND TIME.

ing Witnesses-Attorne Chisholm's
Argument.
The city council decided against Mayor
McDonough in favor of James Mcbride
last night for the second time in an ap
pealed Sunday law violation case.
The appeal was from the second sentence
imposed upon Mcbride by the mayor on
Aug. 81 for the sale of liquor in his place
at Bay and Houston streets the Sunday
previous.
The sentence was 800 fine or
thirty days Imprisonment aud the re-
voking of his license. The chief
witnesses against Mcbride were three
foreign sailors from the barkentine Lizzie
Carter. There were two other sailors from
the same vessel who voluntarily testified in
favor of Mcbride at the trial at the police
court. All five of the sailors have since left
the city. and their evidence at the police
court had to be established by hearsay.
There were present Mayor McDonough,
and Aldermen Harris, HAines, Harmon,
Bailey, Mcclure, Reid, Carson and O'Brien.
THE RENKEN CASE.
The first appeal osse that was read by the
clerk was that of Herman Renken, who
asked that portion Of the fine imposed
upon him be RENTED by coun-
ell for the reasons that he was not at
his place on the Sunday when it was alleged
his saloon was open and the sale was made
if at all, directly against his instructions.
Alderman Haines moved that the petition
be not granted. The motion was lost.
The opinion of City Attorney Adams was
asked by Alderman Carson. The opinion
was that the only redress Renken had was
nv 10 tho Tho
petition was laid on the table.
The hearing OF the appealed cases against
j. III. Denmark, j. F. Meyer and Mary A.
Banty were postponed until the next meet
ing.
TEE M'BRIDE CASE.
The case of James Mcbride, sentenced TO
pay 500 and his license revoked Aug. 81 for
allowing the sale of liquor in his place
Sunday, Aug. lG was taken up at $50
O'clock and lasted until midnight The first
witness called for the city was Policeman
F. J. Smith. who placed Mcbride upon the
docket.
Mayor McDonough stated thnt Witnesses
John Seeman, John Eligo and William Bur
roughs could not be found. Search had
been made for them but they could not be
produced.
Policeman Smith was questioned by City
Attorney Adams as to the search made for
the absent witnesses and his inability 10 flud
them TO serve notices upon them.
the witnesses present were seQuestered by
request Of w. s. Chisholm. attorney for
Mcbride.
Officer Smith testified that on the Sun
day when McBride's place was claimed 20
have been open he was on special duty in
the neighborhood of the gas house
He saw man go in the door of bar and
come out very shortly. He questioned him
The man denied that he had got anything
to drink there, but said be could take him
where he could get something. He took
him to McBrides place on Houston street,
where he saw him go in and come out
again. He said he had nothing to drink,
but had bought pack Of cigarettes.
GOT BEER AT M'BRIDE's.
The man met two other men. sailors,
beer at MoBride's that day.
The men oorroborated this aud
volunteered TO go to the police
barracks and testify to the truth of their
statements Capt Goodman of the barker
tine Lizzie Carter Of New York testified
that the witnesses who had disappeared
we're in his employ and he knew nothing Of
their whereabouts.
Felix Bronson, Swedish sailor. said be
didn't know much about the charge agains
Mcbride. He was evidently badly scared
pronunciation of names. He said two of
the missing sailors went to Liverpool and
one to Philadelphia about two weeks ago.
He was III barroom with the other sailors
the second Sunday he was in port. He
knew it was oae of the saloons on Bay
street, but he couldn't tell which one.
B. w. Anderson, another Swedish sailor,
second mate of the barkeutine Lizzie Car
ter. testified that the sailors had left Sa-
vannah.
Clerk Rebarer was sworn as to the evil
dence of the missing witnesses in the police
court.
Mr.. Chisholm said he desired to be Pit on
record as objecting to such evidence.
THE MISSING WITNESSES.
City Attorney Adams held that the evil
dence was admissible by decision of the
supreme court.
Clerk Rebarer read the substance OF the
testimony Of Charles Seeman, to the effect
that he got beer at MoBride's Sunday, Aug.
16, from Mrs. Mcbride, and that there were
several other men in there at the time. He
was there several times during the day with
other men.
The testimony of John Eligo was to the
effect that he got beer at MoBride's place
twice on Sunday, Aug. 10, getting it from
Mrs. Mcbride.
The testimony of Burroughs, another
McBride's place three times Sunday,
Aug. 10.
Mcbride was called to the stand by Mr..
Chisholm and was sworn. He denied that
any liquor was sold In his place on Aug. 10.
Such is against his orders and instruct ons,
and his place is not open on Sunday at any
time He had tried to find the other two
sailors who were witnesses in the council at
the time Of the trial. but was unable to find
them. These sailors stated that they had
got liquor in a washer weman'S yard, one of
the men selling his shirt for so cents with
which to get whisky.
THE TESTIMONY CoRRoBoRATED.
Robert Lane, a spectator in the police
court at the time of McBride's trial corrobo-
rated the testimony of other witnesses as to
the evidences of the two sailors.
Harry Atwood, a longshoreman who
boards at McBride's testified that he know of
no liquor being sold there Sunday, Aug. Is.
Albert Barney testified substantially to
the same thing as the lie It two witnesses.
Charles Dempsey testified to about the
same thing as the others
Mr.. Chisholm closed his evidence about
II AS o'clock. He took the position in his
argument that where person had shown
that if liquor was sold on his place on Sua-
day without his consent or knowledge and
against his wish expressly implied be- was
entitled TO an acquittal. Mr.. Chisholm's ar
gunent was brief, stress being chiefly laid
upon this point
There was silence for awhile after the
conclusion of Mr.. Chisholm's speech. |
NJ IN 5orbe 4k.H he II