The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-02-24
STOOD BY THE MAYOR.
TIE COUNCIL sUSTAINs HIS DE
CIsION IN THE DANDY CASE.

Aldermen in Favor OF kcQuittali
Two in Favor Of the Penalty Except
the Jail Sentence and Five for the
Full Limit of Punishmsnt-The Testi-
mony at the Adjourned Hearing.
Bandy Gives Bond and the Case TO
Go to the Superior Court.
The city council last night by a vote Of
10 4 sustained Mayor McDonough in the
Bandy appeal case. This means that Bandy
loses bis licenses, goes to Jail for thirty days
and pays fine of 900 for violating the
Sunday ordinance in allowing liquor to be
cold on his premises
The decision was arrived Of by yss aud
nay vote as follows:
YEAs-Aldermen Bailey Mills. Harris, Haines
and Charlton.
NAYs-AIdermen Harmon, Myers. Reid and
Carson.
The case was taken up where it was left
by the city Saturday. The testimony for
the prosecution was oil in and only the de-
Tense remained to be heard. The evidence
was contradictory and tangled. One Of the
features Of the case was the testimony as
70 the water cooler, IN which
kept the liquor she sold to the negroes and
which resulted in that place being put on
the docket. Mrs. Smith, Mrs. Bandys
mother, swore there was no water cooler
on the premises, and one or two others
swore to the same effect. Mrs. Bandy said
there was a water cooler. and 30 did others
OF the witnesses.
THE COUNCIL ROOM CROWDED.
The city council chamber was packed
when the hearing OF the case came up at
o'clock. A full BOARD was present, except
Alderman Mcclure. Two members, Alder
men O'Brien and Cann were present as
spectators. not being qualified TO act in the
case. having been absent at the first hearing
The space outside of the railing was filled
with spectators, principally from Yama-
Draw, with a sprinkling from the Old Fort
The witnesses, dozsn or more, after hav-
ing been sworn, were secluded In the coIn-
mittes room. There was a good dsal OF
interest in the case, aud there was buzz OF
excitement when it was called.
James j. McGouldrick, who works 10
Mrs. Larkin's saloon, was the first witness.
His evidence was principally for the pur-
pose of proving that the charge that
Bandya place was open at 8 o'clock
Sunday before last was not true. There
was very little of interest in the testimony
t. the spectators.
Bernard NJ. Lee was the next witness.
his testimony was not important. IL was
the purpose Of the defense to show by Lee,
es IL has endeavored to show by McGould-
rick, that Bandy's place was not open at
the hour charged If at all.
MRS. SMITH ON THE STAND.
Mrs. Alice Smith, Mrs. Bandy's mother,
whom the former resembles in size, was
then sworn. She testified that no liquor
was sold by Mrs. Bandy on the day It is
charged BandY's place was open. There
was some sharp questioning Of Mrs Smith
by the aldermen, but was pos
tive. She had her eye on bis daughter the
entire day. she said. She said there was a
small sized riot In the yard back of Mrs
Bandy's place, but it didn't amount to any
thing.
Thomas W. McNish was introduced for
the purpose of impeaching the character OF
Clarence Smith, one Of the city's witnesses,
but the evidence he submitted, letter
which be wrote for Eugene Wilson, a
colored barber, to the solicitor general, COM
planning of the annoyances in his neighbor-
hood by a number Of gamblers, among
whom it was alleged was Smith, was ruled
out. Wilson was then put on the stand for
the same purpose, but the part Of his evil
dence by which it was sought TO impeach
Smiths character was again ruled out.
ATTORNEY MoRGAN's NEW TURN.
Attorney Morgan then took another tack.
"How long have you known Clarence
Smith, he asked the witness.
"Some time"
why do you know about himF'
II know he is Quarrelsome. fussy man
when drinking"
what is his general character in the
THAT OF a ouarrelsome man."
Alderman Mills-ls Smith truthful man
or the reversed
The Witness-I don't think he ia
There was some quibbling as to the man
ner OF conducting the examination of the
witness and City Attorney Adams submit
ted the Code OF Georgia for the guidance of
the examining attorney.
"Would you believe Smith on oath2n
asked Mr.. Morgan.
81 wouldn't like to say"
NEVER KNEW DANDY.
City Attorney Adams asked Wilson IL he
knew Bandy, and he said he did not. Have
you ever been in Bandy's placer the attor-
ney asked.
Never until Monday" was the reply.
II tried to get in there Sunday before last,
but couldn't"
Ibid you get in any other placeg'
If can help it."
Alderman Charlton insisted on knowing
why Wilson didn't want to answer the
question. Mr.. Morgan protested, but Mr..
Charlton insisted and the question narrowed
down TO whether Wilson got in any saloon
on the Sunday on which it was charged
Bandy's place was open or not. After some
hesitation, the reason for which the alder
man failed to discover, Wilson said be didn't
get in anywhere.
Have you ever been taken for q white
manp asked Alder man Haines.
Eyes sir"
DO You know whether It was because
you are colored man that you failed to
get il Bandy's placer
A satisfactory answer was not obtained.
THE ROW IN THE YARD.
Ella Ashley, a colored girl who lives in a
house on Bandy's place, was the next wit
ness. Her testimony was principally in re-
gard TO the fracas which took place in the
yard aud in which Clarence Smith figured
Paul Cohen, a colored constable from
Justice Sheftalls court, was put up TO testify
IN regard TO the row. He told the circum-
stances under which 1t occurred and the
prosecution Of Smith for carrying concealed
weapons.
did you see any liquor sold on the prem
isesg'
81 did not"
The location of the water cooler out OF
which it was alleged Mrs. Bandy sold the
liquor was, according to Cohen, in the bar
room The previous witness also testified
that IL was there. Mrs. Smith testified.
however. thet there was no such thing as a
water cooler on the nrafniaas and Rnruard