The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-04-09
STOOD BY THE MAYOR.
COUNCIL SUsTAINs HIM AGAINST
MARKS s. co. AND APERIDE-

Sunday Morning, and Mcbride Fined
500 for Keeping Els Bar Open
Sundsy-Ihe Cases Appealed to the
Council From the Police Court, and
to be Taken to the Superior Court
Now-How the Aldermen Voced.
The action of Mayor McDonough in the
cases of Marks & Co. and James Mcbride
charged with violating the Sunday law
was sustained by the city council last night
b a session lasting until after midnight
The trial Of the cases attracted a bic
crowd to the council chamber, and every
inch of space provided for spectators was
occupied, and many failed to get into the
long room altogether. The saloon element
was largely represented, and many at
tended out of curiosity to see whether the
action OF the mayor would be upheld by
the council, sitting as court of appeals.
The members of the board caucused for
over an hour before entering the long
room. Alderman Myers was the only alb
sentee.
THE MARKS CASE.
The case of S. Marks & Co., who were
fined S25 for having their barroom open on
Sunday morning, March /, at 1920 o'clock,
was first called. r. R. Richards, Esq, who
represented Marks & Co., as soon as Clerk
Rebarer finished reading the charge, made
point that the mayor had no
the fact that there was no ordi-
nance on the statute books at the time of
the alleged offense against man keeping
his place open on Sunday, and he moved TO
dismiss the case on the groud that only the
state courts were competent to try the issues,
If any there were.
Alderman Carson suggested that City
Attorney Adams give his opinion on the
points raised by Mr.. Richards. The latter
objected on the ground that as council was
sitting as court it could not depend upon
The city attorney, but must act for itself.
Alderman Carson replied that admitting
the fact that council was sitting as a court,
the title of the case was S. Marks & Co. VS.
the mayor and aldermen, and as a matter
of course the city attorney represented the
latter
Attorney Richards said he was willing to
admit testimony and would waive his point
till later in the case.
THE INFORMING OFFICER.
Officer Arnold was called and was sworn
on the part of the city. He testified that
while trying the windows of Marks g. Co. s
place on the Sunday morning in ques-
ton some one called out from in
side, who's thereF He replied: "a
policeman trying the doors.n He then
walked toward the door and found it open
and two men standing in it. He told them
that they were violating an ordinance in
having their place open on Sunday.
Marks replied that he was simply count
ing his cash, and didn't know he was vio-
lating the law.
The officer, on reaching the barracks, re-
ported the case, in accordance with in
structions.
Aldermen Carson and Haines questioned
Officer Arnold as TO whether or not he had
seen the door open before he tried the
windows, and he replied that he had not
Marks in his own behalf said that he and
his clerk, Mr.. Cocks, were counting the DAVIS
receipts when he heard the noise at his win
dow. and asked who was there. On receiv-
ing the reply that it was a policeman he
went to the door, unlocked it and had the
conversation detailed by Officer Arnold In
reply to question by the mayor as to how
he had gotten out of his place, Marks re-
piled through the front door
He denied that he had his place open when
the policeman raped at the window.
Gecks, the clerk. corroborated the state
ment Of his employer, and it was agreed
that as the Mcbride case was to be contested
on similar grounds to that Of Marks & Co,
1t should be taken up Immediately after
ward. and both decided by the board at the
same time.
THE M'BRIDE CASE.
Officer Neidlinger, who reported Mcbride.
was the first witness called. He said that
he had been sent out on special duty with
instructions to watch a number of saloons.
among them McBride's. He sat on a bench
opposite McBride's place for several min
nteS and saw number of people going in
and out Of the back gate and ball entrance.
and then started across the street to see
II the bar was open, being satisfied that it
was. He didu't see any one around and
mi fktaf fhauy r.
bar. About that time Mcbride came out
and the officer had some words with him,
While quarreling three men, whom the Of
ncer supposed to be sailors, came out One
OF them appeared to be under the in
nuence of liquor and had beer
foam on his mustache. Neldlinger
SAID he placed the man under arrest, when
Mcbride began cursing him and told the
sailor not TO go to the barracks unless he
showed his badge. A crowd gathered
around and took the prisoner away and he
went to the barracks and preferred charges
against Mcbride.
THE TELLTALE BEER FoAM.'
Under cross-examination Neidlinper
wouldn't swear that McBride's bar was
open, that the people going in were given
drinks, or that the sailor had beer on his
mus ache, but he thought it looked like
the foam usually on beer.
Thomas Stewart, a negro, testified that
he was wandering around the Fort looking
Tor something to drink when he met two
other negroes, named Ross and Stone. He
told them that he would like to get drink,
and Ross said that if he would go with them
to McBride's they could get it. He said
that they went through the back gate into
the bar, where they bought drinks from a
woman. When they came out. Stew
art said, he saw Mcbride and
Neidlinger quarreliug. He went off
about his business, and the next day Police.
man Neidlinger came after him to find out
about his getting liquor at McBride's and
be told him that he had, and carried the
officer to where Ross and Stone worked. and
pointed the men out
Ex-senator duBignon, counsel for Mr..
Mcbride, searchingly cross~examined
Stewart, and, while the man was rather
contradictory in some points, his testimony
was not broken.
Stone was the next witness for the CITY,
He would neither deny or affirm that be
drank whisky in McBride's place on the
Sunday in question. He said he was suffer.
Ing on that day from a case of "big head y
caused by too much Saturday night whisky
and If he was in McBride's place, or gol
any liquor to drink there, he knew nothing
Of it He caused considerable merrimenI
by his answer to the questions Of the alder.
men.
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