The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-10-06
A FURRY IN COUNCIL.
TIE MAYOR AND ALDERMAN Ny
ERs EXPLAIN THEIR POSITIONS.

Hand IN the TalK-Ih ne Ei6eman Ca5e
the Issue Upon Which the Mayor anc
the Council Split-The Dog Tax Cases
Disposed OF by the Council, but ar
Appeal to be Taken to the Superior
Court.
The city council wrestled for two hours
and half with appealed cases last night
Only three cases were disposed of and when
council adjourned the aldermen were mad
and Disguised and tired of the whole bust
nees. They will be thankful for any sug-
gestion to do away with appeal cases.
Mayor McDonough VOWS that the
council must either uphold his decisions in
the liquor cases when substantial evidence
is submitted or repeal the ordinance against
Sunday liquor selling altogether.
Those present at the meeting last night
were Mayor McDonough, Aldermen Bailey,
Harmon. McGuire, Myers, Reid, Cam,
halneS, Charlton, OBrIen aud Carson.
The appealed cases of Mccormick and
Lankenau, convicted and fined by the mayor
for selling LIQUOR on SUNDAY, we're post
poned to the next meeting on account of the
absence of witnesses.
THE EISEMAN CASE.
The council devoted over half the session
20 hearing the appeal of Frank Eiseman,
who was fined 500 by the mayor tor
selling liquor on Sunday. Aug IS w. W
Osborne, ESQ, represented Eiseman. The
case against Eiseman was brought by Off
Ger Bossell, who was the chief witness for
the city. Bossell testified that he was on
special duty on the Sunday IN question and
found that whisky was being sold on the
w hlte Bluff road. near the little toll gate.
be sent in the negro named Stevens, who
was with him. When the negro came out
he brought bottle Of whisky with him.
He had no whisky when he went into the
place. The bottle of whisky was produced
in evidence, and was handed around among
the aldermen, who subjected it to an olfact-
DRY test, as being connoisseurs of the arti-
Gle. They expressed no opinions as to its
quality. Stevens was the next witness, and
corroboratsd Officer Bossell 10 his tesUi-
mony.
TILT WITH THE MAYOR.
There was a little tilt between Mr.. Os-
borne, counsel for Eseman, and Mayor
McDonough, as to Stevens manner of giv-
ing his testimony. Mr. Osborne objected
to Stevens stating what had been told him
before he reached Eiseman's Mayor Nc
Donough instructed the witness to &c ahead
with his story as he had started. To this
Mo. Osborne decidedly objected. Stevens
corroborated Officer Bossell in his testimony.
Mr.. Osborne drew from the witness the
statement that he start d out with Officer
BosseN in the morning and secured all
around the suburbs of the city looking for
liquor sellers. He said be got no pay for
his work and expected nothing. Stevens
admitted he was in jail awhile back for
"skinnipg"
Officer Bossell stated that he often used
Stevens wheRdoing detective work
James Hoffman (colored) testified that he
went to Eisemans on the Sunday afternoon
in question on business. He was informed
thar Mr. Eiseman was In bed sick aud that
he could not see him. He spent the entire
afternoon at the house without seeing him
He saw Stevens when he came up and
spoke to him. He told Stevens that he
could not get into the house, and after
spending a few minutes there, Stevens
went off. Hoffman's testimony was very
positive that Stevens did not get iuto the
house.
TOO SICK TO GO FISHING.
J. B. Newman swors that he called at
Elseman's place to 20 fishing with him that
af ernoon. Eissmsns wife told him that
her husband was in bed sick and had just
fallen asleep, and she would not care to
wake him up He remained some time, but
did not see Eiseman. He saw Stevens come
In and try the door and saw him go off.
Eiseman made a statement that he was
sick in bed and did not get up all day. He
had never seen Stevens, he said, and had
never sold him any liquor at any time.
g. Mr.. Harris moved that the mayors de-
cision be sustained and Alderman Bailey
seconded the motion.
Alderman Myers moved as a substitute
that the defendant be found not guilty.
Alderman Myers announced that he was
satisfied that Stevens was not philanthro.
pist, and that though both he and Officer
Nod ~
body was evidently paying him for his
work. 1t was not likely he was devoting
his time to convicting violators Of the Sun
day law without some remuneration, Alder
man Myers said.
THE MAYORS LITTLE SAY.
This brought Mayor McDonough to bis
feet, and in a rather excited manner he said
he wished 1t understood that he had never
paid the witness cent for his work, nor
had the city paid him anything, nor did he
know of Stevens receiving a cent from any
body for his work.
~ have made every effort in my power, "
said Mayor McDonouRh, "to enforce the
laws, and especially the law forbidding the
sale OF liquor on Sunday. As | understand
it, this is my duty. The evidence presented
In each case has been that obtained after
great difficulty, and under circumstances
discouraging from every standpoint Yet
testimony mas Deen produced. the cr6QlDllty
of which, in my opinion, has been fully
established, and In the face of this the de-
cision of the mayor has been in very
many instances set aside when the silvery
tongue of the learned lawyer made it appear
that such testimony was not unimpeachable
aud gave opportunity for doubt. In the
face Of this l appeal to council il they de-
sire TO undervalue the testimony of the
officer of the police and others produced,
better at once to repeal the law and relieve
the mayor of the duty of attempting TO
enforce it. For by discrediting such testi-
mony it is rendered almost beyond the
poNe OF the mayor to enforce the law by
the only means available"
Alderman Myers and Mr.. Osborne both
tried to get the floor when the mayor sat
down.
ALDERMAN MYERS REPLY.
Alderman Myers said very emphatically
that he wished it understood be was as con-
scisntous In making his decisions and cast
ing his vote upon the evidence submitted as
the mayor or any other member of council
and he felt that he had perfect right to
make up his mind upon the evidence with
out regard to the opinions of any one.
Mr. Osborne wanted to make statement
but the council objected.
Alderman Carson said he made up his
mind from the evidence upon a new case
aud without regard to the position OF the
mayor or any one else.
Mr.. Osborne stated that he had asked a
postponement on the day of the Trial in the