The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-09-25
PASADENA PROSECUTIONS
The Chinese Liquor Seller Put
on Trial
w. j. BARCUS IS FINED $500
Wopy Sam Convicted and Time for
Sentence Set
There Seemed to Be No Difficulty in Finding
lien Who Had Drank Whisky.
Council Meeting

wong sam, Jlle CuluhIlau VIII hCcpo IL
restaurant in the Wooster block. 1t was
set tor trial at 10 a. m. today. and as the
defendant dema nded a jury trial, the
court room was pretty we'll filled at that
hour, prominent citizens having been
sum m oneu to serve On the jury, and much
interest being manifested in the trial.
There were also quite numbe of coun-
trymen of the accused, among them be-
ing Wong Chez, the smooth looking
Chinese interpreter of Los Angeles. The
attorney for the defense, George M
Phipps of Los Angeles, finally concluded
that they would dispense with the jury,
to the great satisfaction OF the business
men, who had been urging the inability
to leave their business to serve in that
capacity. Mr.. Phipps then asked to have
the trial postponed for a week, but a vig-
oruus protest was entered by City Attor-
ney Arthur. and the matter was finally
compromised by setting 1t for 2 p. m,
that MIR. Phipps might have AL oppor-
tunity to talk with the defendant and
learn something about the case.
When court convened the afternoon
the court room was packed, and for three
hours the interest of the spectators was
undated, the majority of them being
Obliged to stand during the whole time.
Amung the interested spectators were
noted Messrs. Gibbs and Ham, the at
torneys retained by the committee. TIL
man Hobson, A. e. Bale win, James
Gabeli, Or. Ella ,Whippie. Marsh. Mrs,
b. Griffith. Rev; H. Elliott Ward and
up was ths sentence of W. J. Barcus,
proprietor of the New York Kitchen,
who pleaded guilty on Saturday.
In passing sentence the court said the
sale OF whisky by restaurants is mt con-
tenn plated under she ordinance at all. al
though what are considered liberal pro-
visions are made for the serving Of beer
and wine at meals To sell whisky under
any circumstances places u restaurant
proprietor without the pale of the law,
and the recorder said he could see no
mitigating circumstances in MIR. Bareus'
case although he had chosen to throw
himself upon the mercy of the court. The
ordnance provides maximum fine of
$500 and minimum fine OF 500, and the
judgment OF tho court was that the de-
PENDANT pay the sum OF $500. This was
paid at once, with the observation that
1t seemed pretty high considering that
DIR. Thomas MAS fined but $40. The court
sal there were mitigating circumstances
in that case. which were lacking in this.
hence the difference.
The case of Wong Sam was then called.
Deputy City Clerk BanRham was the
first witness. He proceeded to read the
title of ordinance 900. when Mr.. Phillips
put in an objection on the ground that
the ordinance is Invalid. The objection
was oyerrnIed and eHoeption nntad,
whcrupon the ordinance was Offered in
evidence.
B. L. Ludlow was the next witness.
He testified that he knew the defendant,
~ q rFn n fa in
the Wooster block; that he was in the
restaurant at about 2:20 p. IN. of August
18th last where he bought a meal for Is
cents and bottle of beer. He drank the
beer. He was accompanied by George
CARPENTER and A. L. Bald win, who saw
him buy the beer and helped him drink
it. The empty b tile was secured for ev-
iuence and offered in court. MIR. Phipps
made much of the fact that the way the
witness knew tnat the liquor was malt
liquor was by the taste, and tried in
every wAy to maze out that he didn't
witness remarked to the great aumse.
ment uf the large crowd of listeners, "I
think | know something about it. I was
"a sed in a brewery. ~ his, he explained
by stating that his father is, or was,
brewer, and he worked IN the brewery
much OF the time, and tor a period OF
twenty years was drinking man, or up
to one year ago, since which time he has
not tasted liquor until the day he went
into Wong Sam place namely, the 18th
of Auugst last.
George H. Carpenter was then called
and corroborated the testimony of Lud
low. Ii ere the prosecution rested, and
the defense Immediately moved to, dis
miss the case. on the ground that the
evidence failed to show anypubic offense
com mitted that the allegations of the
complaint we're not sustained, and that
they had failed to show that any malt liz
quor had been sold in violation of law.
He even went so far as to say that it had
not been shown that The liquor was not
wanted fov medicinal or mechanical pur-
poses. This caused broad smile to
1oat around the COURTROOM, at the attor-
Ney's evident intention to leave no st.ne
ntnrncd, hoping perhaps that he might
rap enough OF ,tnem together to make
SINE sort OF obstruction in the way of
hs clients convection. Bat the further
In trial progressed. the mo hopeless
tb case became for the celestial. Tho
net witness caused tenn porary smirlS
OF abstraction TO play about the vapid
cotenanoe OF the defendant. until she fell
LIT the hads of the prosecuting attor-
neyw hen it was quickly tried to dismav.
I'M was Auna Smith. the waitress in
the tstaurant WIN fatty contfadlcted
ever statement of the preceding wit
ness.. seeming to possess a wonderful
me ry in certain direction. and a woe
full lax OF the same faculty in other re-
sptcts She was soon contradcting her
own tstimony with fully as great facility
as shelad done that of tho other wit
nesscs, She said she remem bered that
no sue men even so much as came into
the restaurant at all on the 18th of Au-
gust Las not to speak of ordering beer
and drlkina it.
But so,chow she couldn't manage to
rememH anything abont other days,
and saIdhe didn't even know the name
Of sing freguenter of the restaurant
though 81 could tell at sight every per-
meals Observed at the price of Is cents,
unless c,tomer wanted beer, when the
same mea became "a 2U-uent meal and
that beer vs. served with meals from II
"! 2. Thoriinance allows from IL 80
TIL 10 anfrom $50 till 1880. Wong
Sam was tin called and braced up his
hopeless caias best he could by saying
TN girl waspisaKen in what she admit
tel on crossxamination; but he didn
heip MS cast all. Con'lderable amuse-
menu was a'rded, however, bp his de-
scription of meal III his reastat rant
whsre the vitm is allowed "loa,t be.
or iosst pok' up pie or puddin' all
Tor 10 Gems; L lest some of the impecu-
mons frequenrs OF the court room
snouio nasteh\ his hash house and Ie-
mand IN. full lota of this extraordinary
menu, Gil ior cents, he speedily ADDED,
mem ~ mas gifts no puddin'." He
lnsIste9 'nmt hr was luxury which
was onlv ai,owe to accompany 20-cent
meai anu mat G never solu whisky.
Four witnesses re then called. each of
whom testified 1t he had procured
whlsky at this sae Joint. They were
e. NJ. Baker, VA, Ward. L. a. Bald