The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-09-10
NO DOUBT IN THIS CASE.
THE MAYORS DECISION AGAINST
GERMAN RENKBN SUSTAINED.

The City Council Decides There Was
no Ground for Renken's Appeal, and
he Muat Pay the 500 Fine for Sell
ing Liquor on Sunday-Renken
Makes a Vigorous FiEht-The Police
Methods ia Court.
Mayor McDoaough's decision in the case
OF Herman Renken, who was fined Sl00 for
selling liquor Sunday, July 25, was con-
firmed by the city council last night by a
vote Of to l. A clear violation Of the law,
was made out and the aldermen arrived at
decision in about two minutes.
Officer Neidlinger testified that Sunday,
July %, while on special duty, he went into
Renken's barro0m and saw two young men
standing at the counter. He aud they drank
two glasses of beer and afterward bought
six cigars. On reaching the barracks he
placed the saloon upon the docket
Alderman Hsines asked Mayor McDon-
ough as q matter of information whether
q policeman when upon special duty is sup
posed to 60 into saloons and drink liquor to
secure evidence.
Mayor McDonough asked to be excused
from answering the question, as it was not
pertinent TO the issue on trial. II a police
man Commits a misdemeanor there is a
proper tribunal for him to be tried before.
The question before the council, Mayor
McDonough said, was whether or not
Kenken was guilty OF the offense charged.
ATTORNEY osBoRNE's QUESTIONS.
W. w. Osborne, Esq, counsel for Rem
ken, put Officer Nsidhnger through a
vigorous DISCRIMINATION. He tried to
bring out that the officer was in the saloon
more for the purpose of having social
glass with friends than otherwise, and
hat hn Said in ND h
more liquor than was necessary to secure
evidence. The attorney was interrupted by
Mayor McDonough, VINO ruled the questions
out, on the ground that the officer was not
on trial, and if he had committed an
otfense there was proper tribunal before
which trial could be had. aud the attorney
given full opportunity to criticise his con-
duct and prosecute him If he felt SO dis
posed.
REHKENs STATEMENT.
Renken made statement to the effect
that if liquor was sold in the saloon on that
Sunday it was without his consent and
strictly against his orders.
Renken's head clerk, Hamburger, didu't
know whether or not liquor was sold to
Neidlinger or any one else He admitted,
under cross-examination by City Attorney
Adams, that he mad told the other clerk
that he could admit Neidinger aud the
other two men, but when pressed to know
il the reason for giving such permission
wasn't TO let them have liquor, the witness
evaded the question. Wien asked if the
saloon was open. he replied that it wasn't
for the sale Of liquor. Hamburger added
that Renken had gwen orders tn at no liquor
should be sold Sundays.
THE ARGUMENT.
Mr.. Osborne's argument was brief. He
asked for the acquital of Renken on the
| ground that no shouldn't be held RESPONSE
| for the acts of his clerk after he had in
structed him to keep the saloon closed on
| Sunday, and wasn't on the premises at the
| time the violation occurred. AS a compar-
! ison to sustain his position Mr.. Osborne
asked that supposing Mayor McDonough
went TO Tybee on Sunday, aud one Of his
| employees undertook to run his mill to make
a little extra change. would it be Just or
right to hold Mayor McDonough for a vior
lation Of the state Jaw!
| This brought from the mayor the reply:
| you must remember, Mr.. Osborne, that
my mill is a saw-mill, and doesn't run Sun
| days" The hit was SO plain between saw
mills" aud ''gln,mlls" that it caused consid-
cradle merriment among the aldermen aud
| spectators.
MOVED TO SUSTAIN.
Alderman Cam moved that Mayor Me-
| Donough'S decision be sustained. aud there
were several seconds. Just as Mayor Nc
DonOugh was about to call for a vote Alder
man Bailey interposed by demanding the
yeas and nays, saying that as such course
had been adopted in all other cases of like
character, there was no reason why it
shouldn't hold i'll the Renken case. The vote
was as follows:
Yeas-Aldermen Harris, Bailey, Haines,
Mcclure, Cam, Carson and Reid.
Nays-Alderman Harmon.
The case of W. p. Brown was set for a
bearing last night, but was postponed on
account Of the absencs of one Of the city's
witnesses.