Asheville daily citizen. [volume] (Asheville, N.C.) 1890-1900, 1894-01-03
SALOON AGAINST SALOON
PREsENT FIGHT Bf;E1gt z.
THE COMMISSIONERS
All The Evidence Being la From
Every known source The Couu-
sel Proceed To Talk 1t Over On
The Argum entalive I.iMc.

When the discussion on on the South
Main street saloon question opencd YES
terday afternoon before the County
Commissioners, the court room held
a crowd of interested spectators, some
OF whom were ladies. Rev H. +.
Chreitzberg and Presiding Elder Rev.
c. W. Byrd were present and gave close
attention to the proceedings.
]. II. Merrimon raised the point that
in the petition for license it was not
shown that the signers are freeholdcrs.
Testimony was then introduced prov
ing that the signers. L. P. McLoud, {.
A. Moore, J. F. Grant, ~. Sewer, NJ.
Sherman and Thomas Orr, arc property
ownrs.
III. Sherman stated that he soid .ne
fixtures that were to be used in the new
saloon to F. M. Simmons OF Grcenyi!c,
S. c., about three years ago.
Justice OF the Peace c. W. Malone was
called as witness by the opposition
and testified that he knew F. Nj. Sim
mons but Batson's couns,l objected to
testimony regarding Simmons as irree
want, saying further that they were not
present to night Simmons battles, but
those of their client, Batson.
The commissioners admitted the tcsti-
mony, repeating their previous dctermi-
nation to get at all the facts possible
in thr case. and there were faint signs OF
applause in the court room.
Mr.. Malone resumed: Eugene Gun
ningham came to me one day several
months ago and said that F. M. SIM
mons of Greenvile S. C, desired to "a
into tn, liquor business in AshoviI.c.
Cunningham wanted me to assist him in
getting house for Simmons and tod
me that would be compensated TOR my
work in helping him. showed scveraj
, houses and atterward met Simmons who
was told OF certain houses. | told Sim.
mons there would be difficulty in getting
license as he was not a citizen OF Ashl-
vile and suggested that he might get 4
license in somebody else's name, He told
: ME to look him up a house and he left
Mr.. Batson afterward said to me that
Simmons would do what he said h,
would and he hoped l would help h'u
out. have been in the Office of course
appearing here agi nst the license u Il
t Merrimon, II X. Carter and L. ID. Car
ter. and saw II. Loughran and ,ur
, O'Donnel there. do not know tha,
the prosecu ion is beiug carried OF
: by lanes Lou2hran and lohr
o Donnell. Batson told me that he wa,
, going to apply for license. drew N
agreement that was signed by Bats1I
y and MIR. Hampton tor the rental Of No
81 South Main street. (Agreemen
shown and identified by witness J Wa
present when the rent. $G5, was paid fo
January, 1894.
X. F. Ball testified: lsaw Simmon
! about the building where repairs for TIN
new saloon were going on, Snmon
lid he would probably sell in there HIM
= sell. A man named Jarvis asked 5 N
mons Tor coin that he held in his han,
and Simmons replied "Whcn we &c
started up maybe Ill give you one
= Tax Collector Weaver was sent Tor
but it was admitted by counsel tha
!, Batson had not listed any property j.
Buncombe county in June last.
Counsel against license stated that
for the preseat, they would offer no !lr
th,r testimony.
: After considerable argument the Com
missioners again stated their purpose t,
!, hear all the testimony that either sid
had to offer.
W. w. Jones OF counsel for Bats
stated that he had been in the case but
few hours and had not understood tn
S purpose OF the Commissioners.
H. L. Batson, who desires the liceus,
Il then took the stand. He said; al
the person who applied for the license /
sell liquor at No. 81 South Main street
am citizen of North Carolina an
Asheville and have voted here. Ga O,
!. t"ber 10 concluded to go into the
loon business went to Grecnvilc an
found that could get the fixtures y
A ter getting the city license bought 1t
Tx ures of +. M. Simmons. | b,rrowr
:. 81 800 OF a man named Davis in All INT
who stnt me checks that had cashcd I;
the Peoples bank in Greenyillc GAY
my note for 81 800 to Summons Tor tt
. IUxlUISS uCIlSCICu Ill hSuSSlllC.
= Letter to T. w. Davis of Atlanta t
= Balson, dated Dec. Is. 1894, offered
cprroboration of witness tcstinuu'
also q certificate of the good character
Batson from parties in Green>illc.
Witness. Batson, crosS-examlncd |
% Mr.. Merrimon: The fixtures belong /
w. me and the business is mine; MI. Sir
mons has no connection with me in
Simmons was saloon keeper in Gree
vile, but is out OF business now. lthil
he was worth $4,000 two years ago.
have good paper in Greenvile that
would like to sell. 1t is a mortgage ,
my fathers place for five or six nundr
\ dollars. Have property at Clifton depo
\ rear Spartanburg, which is rcntc
Worked cor seven years for 7. W. Dav
He loans money and he did not requi
any security from me for the loan
$l,SOO.
went to Grecnvilie in December a
stayed eight days. That Davis lett
check ca>hed in the Peoples bank. "
only in Greenville once in December; |,
Asheville in the morning and came ba
8. the next night. think l went to Gree
vile the 18th or 18th of December
- am not positive whether got the lett
- in Asheville or Greenville. l believed
received it here. Did not show the che
to MIR. Dickersou nor told anybo
about it.
Mr.. Merrimon: Now, who cash
that check?
Witness: Mr.. Simmons. gave it
him here in Ashevllle. Have made no I
rangements with Simmons about t
business. won't swear to the COT
that Simmons has nothing to do wi
the business; may hire him to mana
it for me. Mr.. Summons gave me SIS
when he cashed the check at his boardi
house here in Asheville.
MIR. Merrimon. Where is that none
Witness: have the $500 at l
house. Simmons has been here sit
Christmas to put up the fixtures.
Batson's counsel put in evidence
- .,f rula froV,, Si,o,,n u,h',b et,,,In