The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-12-07
A LIVELY TINE IN COUNCIL.
The Mayors Decision in the Herman
Miller Case Sustained.


Have a Wordy set-to, and the Ex-
Policeman Appeals to the Aldermen
for Protection-The City to Have a
Building Inspector.
The time Of the city council was largely
occupied last night with the two appealed
cases Of Herman Miller.
The Miller case has occupied quite a
prominent place in the annals Of the en-
forcemeut of the Sunday law.
Miller was charged with two separate
and distinct violations Of the law on Sun
day, Sept Il, cases being made against
him by different policemen at different
times. KILLER left the city before his
cases came up for trial Mayor McDon-
ough, however. acted upon them in his
absence. Miller was fined 500 or thirty
days in the first case and the same sen
tence was imposed in the second case,
with the additional penalty Of revocation
of license.
Gas Miller did not return TO the city
the mayor ordered his stock seized
and cOnfiscated, which was done. Miller
returned TO the city several days after
wards and was arrested by Detective
Bosseu and Policeman Kavanaugh, after
a scrimnage IN which Miller was beaten
over the head with clubs.
MILLER's TERM IN JAIL.
Miller was sent to Jail by the mayor to
serve out his sentence. Habeas corpus
proceedings were brought by Miller's at
torneys, Seabrook, Morgan & Way before
the ordinary, the result of which was
that the convictions of Miller in his
absence were declared by the ordinary to
DC null and void and he was ordered re-
leased. He was Immediately rearrested
and brought before the mayor when he
was again convicted upon the charges
The mayor this time imposed heavier
sentences than when the first convictions
were found, the sentence in each
case being 800 and thirty days
Imprisonment, instead of 500 or
thirty days as before. AIiller's
attorneys appealed to council. The hear
ing before council has been postponed
from time to time for various reasons.
Policeman York was the main witness
in the first case He testified to
finding Millers place open and
people going in and coming out
He was refused admittaace, but
sent in negro, John Johnson,
who brought out some cigars
and reported that he had bought
drinks. He sent johnson in a second time
with the same result.
Johnson was put on the stand, and told
straight story, apparently, as to secur-
ing drinks and cigars. He was sharply
crosse Questioned by Mr.. Morgan, but held
10 his story.
KAvANAUGH's STORY.
Policeman Kavanaugh, who put Miller
on the docket for selling liquor on the
afternoon of Sunday, Sept. Il, testified
TO seeing numbers of people going into
Miller's place. He sent in negro named
Harvey with dollar, telling him to buy
him some cigars and drink up the rest of
IL If he wished. Harvey remained in the
place some time and came out with a
package of cheroOts. Miller was put on
the docket by Policeman Kava-
naugh for selling liquor on
Sunday, Sept . aud fined Sl0O by the
mayor, which he paid
Harvey was put on the stand and testi-
hed to getting all he wanted to drink at
Miller's place with the money which
Policeman KavanaUgh gave him. He ad-
mitted 10 Mr.. Morgan that he had served
Is months on the chain gang.
Lewis Glenn, a very black, and half
wltted boy, testified to drinking in Mil
ler's place on the Sunday in question
Mr.. Morgan attempted to have some fun
out Of the witness, but the latter turned
the tables on the attorney TO the enjoy
ment of the crowd.
The defense introduced no witness ex-
cept Mr.. Miller who testified that he did
not sell any liquor On the two Sundays in
question.
CRITICIZED THE MAYOR.
MIR Morgan, in his argument of the
case, devoted some time to criticising the
conduct Of the mayor in first convicting
and sentencing Miller in his absence, and
afterwards, when these convictions had
been set aside by the ordinary,
on the second convictions imposing
heavier sentences upon Miller than he
had at first done This, Mr.. Morgan said
was plainly done in punishment of the
temerlty of the accused in daring to APP
peal to the ordinary to have the mayors
decisions set aside. lie also declared that
the action Of the mayor in confiscating
Nllller's stock without warrant of law
was without precedent. The case had
already cost the accused over 81, 900, Mr..
Moran said
After Mr.. Adams had explained the &C
tion of the mayor, Alderman Cam moved
that the mayors decision be sustained, ,
andithe punishment fixed at $50 fine or
thirty days imprisonment in each case.
There was no discussion of the motion,
and it passed unanimously.
AN EXCITING DIVERSION.
The council had quite an exciting diver
sion from the regular routine Just before
the conclusion of the Miller case.
Among the spectators present were
Frank Gafney, the ex-chef of Do
lice Of Tybee, and j. j. Sullivan.
the well-known proprietor of the Bryan
street saloon and restaurant. EXC Fcer
Gahney's differences with Mayor Nc
DonOugh and Mr., Sullivan are well
known. The object of his appearance at
council last night was to be present at
the appeal he had made from the sen
tence imposed uDon him in the recorders
court for his last difficulty in Mr.. Sulli-
vans place.
The case was continued, however, on
account Of the absence of council. Mr..
Gaffney and Mr.. Sullivan occupied op-
posite seats on either side of the entrance
through the railing which divides the
council room. The spectators in the
back of the room noticed that all did not
seem serene between Mr.. Sullivan and
Mr.. Gafney, but the aldermen whose
back were turned noticed nothing of the
kind
WANTED PROTECTION.
The aldermen were celebrating on
legal point of difference between Mr..
Adams and Mr. Morgan, about lO:45
o'clock, when the quiet of the council
room was broken by Mr. Gaffney, who
walked towards the head of the table
and announced that he sought the protec-
ton of council.
That man, said he, pointing to Mr..
sullivan, has called me a --," nam