The morning news., 1892-02-21
GIVENTHE FULLPENALTY
THIRTY DAYS IN JAIL, 500 FINE
AND HIS LICENSE REVOKED.

George ". Bandy's Punishment for p
Fourth Violation Of the Sunday Law,
The Mayor Keeps Bis Promise oi
Heavy Penalties for Repeated OF
fenses-Bandy Appeals to the Coun-
Gil and the Aldermen Spend Two
Hours Listening to the Case and
Then Adjourn.
One hundred dollars fine. thirty days in
jail and revocation Of license.
That is the sentence imposed yesterday
morning in the police court by Mayor Nc
Donough upon George W. Bandy. who is
alleged to have allowed liquor 10 be sold on
his premises last Sunday.
Bandy is proprietor Of saloon ct Mar
garet and Farm streets, which was docketed
on three previous occasions on q similar
charge The license was then In his wife's
name. The mayor imposed fines Of 800 iu
each case, revoking the license the last
time. The council returned the fines in
two instances, and then Bandy took out e
license In his own name.
Last Sunday afternoon Officer Blake
wood of the Central railroad police was ap-
preached at the depot by a negro named
Clarence Smith, who wanted him to arrest
a man who had assaulted him In Bandy's
place. The negro said he and two friends
bad been in there drinking when a man
assaulted him. Officer Blakewood reported
the case 30 the barracks, with the names of
Smith and his companions, and Bandy was
placed on the information docket for violat-
ing the Sunday law.
The case was called Tuesday, but on 40
count of illness in the family OF T. s. Nor
gan, Jr., ESQ.,, counsel for the accused, the
trial was postponed until Friday. Il was
again postponed until yesterday, when
Mayor McDonough gave two hours to the
hearing.
PLENTY OF WITNESSES.
Officer Lakewood told his story, and Bob
Jones. Clarence Smith and Ed Young swore
that they had drank liquor in the place on
Sunday.
They said Mrs. Bandy sold it 30 them and
there was crowd OF men and woman there
drinking at the same time. Jones couldn't
tell the streets on which the saloon is situ-
ated. but said he could find IL without any
trouble. Mayor McDonough at once sent
Officer Spaight with Jones to locate the
place where be got the liquor. and the ne
gro carried him straight to Bandys and
pointed out the way he got in.
When Ohicer SpaiRht returned and made
his report the mayor was satisfied Of Bandy's
guilt. In view Of the fact Of the place
having been 80 often reported before the
mayor imposed the full penalty Of the law.
MIR. Morgan at once gave notice Of an
appeal to the council and rendered bond.
The mayor said be would not delay matters,
but would call special meeting at O'Clock
IN the afternoon to review the case This
was rather surprise to the defense, as It
was the first time such thing had been
done, but there was nothing TO do but to
acquiesce.
THE COUNCIL IN SESSION.
Deputy Clerk of Council Hernandez at
once sent out notices to the aldermen for
the meeting and 1t was called at $50 o'clock.
There were nine alderman present, Messrs.
Mills, Harris Haines Charlton. Carson
Bailey, Harmon. Myers and Reid. The
room was crowded with spectators in which
there was a considerable sprinkling of
saloonkeepers
AS soon as the case was called by Mayor
McDonough Mr.. Morgan asked for a con-
finance on the ground that one of the most
material witnesses for the defense. Paul
Cohen, was engaged in the city court and
also that he had not sufficient time to pre-
pare the defense at was only concluded
this morning in the police court at 10
O'Clock" said Mr.. Morgan, land 1 think 1t
is rather swift justice TO bring on the ap-
peal for trial the same day."
Mayor McDonouRh replied that the case
had been postponed from Friday until yes
terday at his request.
Alderman Carson favored a postpone
ment II there was no immediate or pressing
need for the appeal TO be heard. He thought
the case rather unusual, in view of the fact
that 1t had been the custom Of council here.
tofore to bear the appeal and then set a day
Tor trial. Alderman Carson also believed
In giving tue defense time for preparation.
THE MAYOR EXPLAINS.
Mayor McDonough made brief and
spirited speech in reply. 81 wish" said he.
ITO have council thoroughly understand my
position In the matter. We've had a num-
Der OF appeal cases Of the Sunday law VIOLA
tors. which have been postponed from time
TO time, causing many of the wit
nesses to leave the city. There are
cases now on the docket as the
result of such delays because the witnesses
nave been spirited away and cannot be
FOUND. lnasmuch as this is the fourth time
Mr. Bandy's place has been upon the docket
for violations of the Sunday law, deter
mined, In the language of Mr.. Morgan, to
nave as swift trial before the council as
possible in order that the witnesses should
not be spirited away. l would like, il pos-
sible, to have the case tried at once.h
Alderman Myers said that In most cases
OF appeal be was under the impression that
postponement had been at the request of
the city. He didn's believe in forcing a
case to trial when the defense was not
ready.
At this point City Attorney Adams sug-
gested to the aldermen that if O message were
sent by the mayor to the city court asking
for Cohen, Judge MacDonell would release
him for the purpose of giving evidence be-
fore the council.
Mayor McDonough sent Officer Fahren-
bach with message TO Judge MacDonell
asking for Cohen. The officer returned
with report that the sheriff had already
released Cohen to go before council. Mar
shall Wade reported that be had sent another
messenger to look after the missing witness,
and the aldermen waited until report was
brought back that he could not be found.
A MOVE TO POSTPONE.
Alderman Harmon then moved that the
Tuesday afternoon at 4 O'Clock,
Alderman Bailey said he was in favor Of
giving Bandy sufficient time to get his witt
nesses, but il began to look to him as If there
had been spiriting away.
Alderman Charlton wanted legal show
ing for the absence Of Cohen. Inasmuch as
courts he should show under oath what the
witness would swear to.
Mr.. Morgan replied that as the mayor
had heard Cohen's testimony in the police
court as member Of council he knew what
Cohen would swear to.
At this point Cohen came into the cham
has nd k,o- Ii - A. A..