The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-06-30
ALDERMEN HEAR APPEALS.
The Mayor Sustained in the Diers an
Fitzpatrick and Demi-monde Ceses

The city council held an interest ting session
yesterday afternoon In the cases appealed
from the judgment OF Mayor McDonough
in the police court. Aldermen Mills, Myers
Reid, Mcclure, Harmon. Bailey, Carson,
Charlton. Haines and Cam, together with
Mayor McDonough, constituted the court.
The first case heard was that Of William
Diers, who was fined 800 for having his
saloon open at 1880 O'Clock Sunday morn
ing, May l. Policeman Brantley testified
that he discovered the place open with the
clerk standing in the door, and as he rode
up the clerk asked him if he didn't want a
drink. Brantley replied that all he wanted
was the closing of the saloon. He rode
away and returned in a few minutes and
the plnce was closed.
Mr.. Diers, in his own behalf, didn't deny
that the place was open, but said IL was
only technical violation OF the law. He
was not conducting business but only
counting his money.
Mai p. w. Meldrim represented Mr.
| Diers He said he had too much respect for
himself as a lawyer to claim for a moment
that his client wag not guilty Of a violation
of the law, but he didn't think 1t right to
impose the full penalty for an unintentionaI
violation Of the law. Mr.. Diers mad been
In business here for twenty years andlhad
never before been charged with breaking
the law.
A MOVE TO SUSTAIN THE MAYOR.
Alderman Charlton moved that the de-
| cision OF the mayor be sustained and the
| appeal dismissed. Alderman Myers subst-
| tuted a motion that the mayors decision be-
sustained and the fine reduced TO $40. AL
derman Myers said he believed the interests
| Of justice would be sufficiently served by a
small fine In view of the circumstances of
the case In the aldermsns opinion the
| visiting of the extreme penalty was a little
| too severe.
This brought Alderman Charlton to his
feet with lively retort. While the PEN
atty looked extreme at first glance, Alder
man Charlton said it wasn't severe Mr.
Diers had Acknowledged his guilt Of an
offense for which, IL indicted, he might
have been fined 81 900 in the superior court
To the best OF the alderman's recollection he
] had never heard of a fine in that tribunal
for such an offense being less than $3.50.
The fine OF 500 imposed by the mayor was
only one-tenth of the states penalty. He
/ said he was opposed to any discrimination.
Alderman Bailey brought the discussion
20 an end by amending Alderman Myers
| substitute by making the fine S2j, which
| was accepted and adopted by the board
with few dissenting votes.
THE FITZPATRICK CASE.
The case Of P. II. Fitzpatrick, who was
fined $25 by Mayor McDonough last week
| under a charge of allowing disorder in his
Broughton street saloon, was the second
| case tried.
Policeman Scully, who was on duty in
| citizens dress at the time, testified that he
| heard disorder In Fitzpatrioks saloon, and
| he notified the proprietor that it must be
| stopped. AS soon as he got outside he heard
q man cursing him, and he went in and ar
rested the party. Fitzpatrick, he said, in
l..
| followed him OUT cursing him through the
| street to the alarm box.
Policeman McCool oorroborated the state
ments of Policeman Scully.
Mr.. Fitzpatrick, In his own behalf, de-
MED the policeman's story. He said he told
| Policeman Soully when he first said there
was disorder In the place that il would be
stopped. In q few minutes the policeman
rushed back claiming that he had heard
| some one cursing him and arrested a young
| man. Fitzpatrick demanded the polioeman's
right to enter his place in citizens dress to
make an arrest. He denied ever interfering
| with the officer, and emphatically denied
ever cursing him. Policeman Scully first
| said he did not intend TO put Fitzpatrick on
tho docket, but about o'clock in the morn
ing he returned and told him he had
changed his mind aud was going to docket
him.
Thomas II. Enright, who was in Fitzpat-
| rick's saloon at the time OF the trouble, cor
roborated the proprietor's story and said
| there was no disorder there at all.
Nevertheless the decision of the mayor
was sustained, on motion of Alderman
Cam. There were few dissenting votes.
THE DEMI-MoNDE CASES.
The cases against the demi-monde
charged with selling liquor without license
were next taken up. Kitty LAWYER was
the first and only one tried. Jake Gold
smith testified that he had been employed
by the oity 20 find out If the questionable
houses sold liquor without licenses. He
visited all Of them and in many instances
found violations. He reported all the cases
to Mayor McDonough and many of the pro-
PROGRESSES Of the places took out licenses
Goldsmith said he bought two bottles OF beer
in Kitty LAWYERS house from a girl on the
night of Feb. %, for which he paid so cents
each. Goldsmith said Lewis Levy was with
him at the time.
T. 8. Morgan, Jr., Esq, who represented
the Lawler woman, subjected the witness to
rigid cross-examiuation, but Goldsmith
adhered 10 his original story.
| The defense called Mr.. r. w. Powers of
the De Soto TO testify to the character of
Goldsmith. The drift Of the testimony was
NOS seen until Mr. Powers told the
reasons which compelled him to discharge
| Goldsmith from the De Soto cigar stand
Alderman Charlton at once raised objection
to Mr.. MorganR attempt to break down
Goldsmith's character in what he termed an
illegal way. Mr.. Morgan then withdrew
the witness.
| WITNESS LEWIS STORY.
Levy, the tAan whom Goldsmith claimed
was with him when he bought the beer, was
then put up by the defense. He emphat-
ically denied ever having visited any Ques-
tionable houses with Goldsmith, and told a
peculiar story. Levy said he had known
Goldsmith In Charleston, and one day he
came TO the store where he was woskinS
and asked if he wouldn't like to make 500.
Levy wanted to know how it was to be-
done, and Goldsmith said he bad been prom
ised $500 by Mayor McDonough to catch
questionable houses, and he would give Levy
500 to swear he was with him when
liquor was bought. He said he refused to
go with Goldsmith, and didn't want TO make
anv money that way.
Kitty Lawler denied that any LIQUOR had
been sold in her house since Jan. l 30 Levy
or any one else.
MIR. Morgan made no speech, believing he
had too clear a case, but in this he was
fooled. Alderman Charlton moved that
the decision Of the mayor he sustained, aud
} it met with prompt seconds. Alderman
Myers said that in his opinion no sufficient