The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-01-01
TO KEEP ON SHAVING.
THE JURY MAKES A MIsrRIAL IN
THE GERST CASE.


Five Wanted to Convics him OF Sab
bath Breaking But Seven Believed
Sunday Shaving Necessity-At-
torney o'Connor Thinks Man Can
Worship Better With a Sabbath
Cleaned Fece-The Screven House
Shop VIII be Opened Again To-
day.
The question whether barber shops have
the right to keep open on Sundays is still
unsettled. The jury IN the city court which
yesterday tried Sam L. Gerst, proprietor of
the Screven house shop under an indict-
ment for violating the state law regarding
the Observance of the Sabbath, failed TO
agree after several hours elaboration, and
mistrial was declared by Judge MacDon-
ell last night. The jury stood seven for &C.
qutttal and five for conviction.
The trial was an interesting one, and at
tracted a large number of spectators to the
court room, many of whom were BARRIERS
anxiously awaiting the outcome Of the
Gerst case in order to shape their
actions. Although there were three indict-
ments against Mr.. Gerst he was only tried
on one, Solicitor General Fraser being will.
ing TO have all the cases decided by the
jury's action in the case.
QUESTION OF LAW.
There was no time wasted with evidence
Solicitor Fraser put one of Mr. Gerst's bar
bers on the stand and proved by him that
the establishment has been kept open on
Sundays for some time.
DIR. Gerst admitted having kept his place
open, but claimed he had right to do 80
under the city ordinance, which has never
been repealed
Z. j. OConnor. Esq. defended Mr.. Gerst
and made strong argument for his client
de admitted that the state law forbids the
carrying on of any business on Sundays
except those Of necessity and charity, but
claimed shaving to be a matter OF necessity
to those not able to shave themselves Mr.
O'Connor also called the jury's attention to
the fact that fruit dealers had been indicted
and tried for violating the states Sunday
laws, but that public sentiment tabooed
such furitanlcal ideas and acquitted them.
FITS MAN FOR GOOD PURPOSES.
In these days of advanced ideas Mr..
OConnor believed BARRIERS should be treated
likewise. The opening Of the shops were
not conducive to scandal, but rather put a
man in presentable shape to attend church
and worship God. Mr.. OCounor tried to
impress it upon the jurymen that they were
both judges of the law and the facts in a
criminal case.
Solicitor General Fraser argued entirely
from the standpoint of the law The case
was not to be decided by sentiment, be
said. The state claimed the Sabbath laws
had been violated, and as Mr.. Gerst had ad-
mitted the violation. Solicitor General
Fraser could see nothing else for the jury to
do except convict the accused. If the law
is bad, he argued. the legislature is the
power to repeal it, but as long as it remained
upon the statute books it should be re~
spected.
THE JUDGES CHARGE.
Judge MacDonells charge was brief and
impartial. He quoted the law clearly to the
jury, but admitted that 1t was the power to
judge both the law and facts.
The jury retired at o'clock, and at Z 80
o'clock sent word to the court that an agree
ment was impossible. Thereupon Judge
MacDonell sent for the jury and declared a
mlstrisl. Several Of the jurymen are very
strong churchmen, and they neld out for the
strict Interpretation Of the law years
confinement would not have changed the
result.
Mr.. Gerst will probably be tried second
time next Saturday. He will keep his estab-
lishment open to-day as usual