The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-06-02
CHRISTOPHER Is GUILTY.
The First Conviction for Violation Of
The Sabbath Law.

but Pleaded Necessity Bananas and
Peanuts Not Looked Upon by the
7 Jury IN That Light Attorney Cam
Says the Law Is a Relic Of Bar
barism-A Jury Still Considering
Leo Benar's Case-Druggists TO Be
Tried To-day.
/ " Christopher. one Of the Greek fruit
| dealers charged with violating the Sun
I day law by conducting his usual business
on the Sabbath, was convicted in the
/ city court yesterday The jury, however,
recommended him to the extreme mercy
of the court. This is the first conviction
secured here under the state law in this
particular in over a quarter Of century,
although numerous indictments have been
found
Christopher was defended by G. T. & J.
F Cam Detective Bossel was the states
witness. He testified to having seen
several people purchase bananas, peanuts
and other articles at Christophers store
one Sunday in April The defendant did
not deny that he carried on business on
the Sabbath but claimed twas necessary
for him to do so to retain his trade.
Solicitor General Frazer argued the
case briefly He planted himself on the
law, which Christopher had admitted
violating and demanded a conviction
from the jury The solicitor ridiculed
the idea that bananas and peanuts were
necessary articles for people on Sunday.
A RELIC OF PAST AGES.
Mr. J. Ferris Cam concluded for the
defendant. He argued TO the jury that the
law, being relic of past ages, is not com
patible with modern ideas, and therefore
should not be enforced He told the
jurYmen that as they were both judges Of
the law and fact they could acquit with
out violating their oaths II was for
them, Mr.. Cam said, to say what were
things necessary for people on Sunday.
To one man cigar might be really
necessity and TO another fruit might
stand on the same footing He appealed
to the jury to acquit Christopher and
stamp by its verdict disapproval
of the enforcement of blue laws which
might have suited the age in which they
were drafted, but are in this day relics of
barbarism
Judge MacDonelFs charge was short.
He read the law and quoted supreme
court decisions bearing upon it. He told
the Jury that if il considered the articles
alleged to have been sold by Christopher
on the Sabbath We're necessities the de-
PENDANT would be entitled 10 an acquittal,
but if they were not necessities he should
be convicted.
FRUIT CAN BE DISPENSED WITH.
The jury decided that bananas and pea
nuts can be dispensed with on Sundays
and brought in a verdict of guilty with
the extreme mercy recommendation after
a few minutes deliberation. Sentence
was deferred. The case will be appealed
to the supreme court as a test.
In the afternoon Leo Benar was put on
trial for the same offense of which Chris
topher was convicted. Detective Bossell
was also the witness inf this case, and he
repeated the evidence he had given
against Christopher. Benar, however,
while admitting that his fruit store was
open. denied having made any sales on the
day charged in the indictment He said
the place was only open to let fresh
air in.
A SEALED VERDICT.
Messrs. Cam were the attorneys for
Benar, and Mr. George T. Cam made the
speech for the defense. 1t was on the
same line urged by his brother in the
Christopher trial. The jury went to its
room at Z o'clock, but had not agreed at
midnight Judge MacDonell left instruc-
lions with Sheriff BlOis to receive a sealed
verdict in case the jury agreed during the
night.
One of the druggists will probably be
put on trial to-day for selling soda water
and cigars, and the result of the case will
decide whether Savannahians will here
after have to drink their Sunday soda
water and buy their Sunday cigars Satur-
day night
Judge MacDonell has not yet sentenced
ex-Chief of Police Gaffney, who was con-
victed of two misdemeanors in the city
court day before yesterday. GaffncY has
two other indictments to answer on ac-
count Of his Tybee escapade.
Judge Falligant Yesterday heard argu-
ment on Road Commissioner Bourquins
application for an injunction against the
Suburban and West End railroad to pre-
vent il from operating the new bridge
over the Ogeechee canal at the foot of
Railroad street, or building the APP
prOaChes thereto. The reason set up for
an injunction is that the bridge Interfere
with the navigation of the canal, but t.
evidence showed that there is at least two
more feet of water under the new bridge
than in any other portion of the canal
south of Bay street.
j. k. Saussy, Esq, and LaROche & Nc
Alpin represented the railroad. and T. NJ
| Cunningham, Jr., ESQ, appeared for
| Commissioner Bourquin Judge Falli-
giant reserved his decision.
Judge Falligant yesterday passed an
order allowing the Pulaski knitting mills