The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-10-24
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R>:'aI! BBsxiI2g
ABSOLUTELY PURE
SAYS SULLIVAN MUST PAY.
The Council sustains the Mayor in
the SuIIivan-M Row


the SuIIivan-McDermOtt Row.
The city council spent considerable time
last night hearing the appeal Of ]. ]. Sui
Ivan from fine of $50, imposed by Mayor
Myers in the police court last month, on
account of the difficulty in which he was
engaged with Chief of Police McDermott
The hearing developed some interesting
features.
Chief McDermott's statement of the Diff
nculty was brief and on the same line as
that made by him to the Morning News
on the day of the difficulty. After a
brief alteration Mr.. Sullivan, he said,
him and called him
liar. With that the chief knocked
sullivan down The latter got up and came
at him again cursing He knocked him
down again and Sullivan lay for awhile
Then he jumped up and ran down the
stairs, saying he would get his Winches-
Supt. J. T. Lewis of the City
and Suburban railway corroborated Chief
MGl)ermotts story Of the difficulty.
Policeman Tullis stated that when he
went to arrest Sullivan by Instructions of
the chief, he found him sitting on his steps
with rifle in his hands. He did not re-
sist arrest, but asked to be allowed to put
up his rifle which was granted. The witness
said he thought Sullivan had had several
drinks, though he was not drunk.
+. j.; O.Connor represented Mr.. Sullivan
He said he heard the noise of the difficulty
and went out of his Office to see what was
the matter. The fight was over when he
got there, but he saw Mr.. Sullivan on the
ground with the chief standing up looking
at him. He remarked that the place was
not conveniently arranged for prize fights,
and walked back into his Office
Mr.. Sullivan made his statement of the
difhculty. He was on his way to Mr.. Os-
borne. Office on matter of personal bus
mess he said when he met the chief in the
corridor he
lie spoke to him and said, Good morning,
Frank" The chief did not reply. Sulli-
van walked back and asked why he didn't
speak to him.
81 don't want to have anything to say to
you was the chiefs reply, according to
Mr.. Sullivan. He inquired what he meant
by speaking in that manner when the
chlet cursed him, using vile epithet, and
at once struck him.
He struck me one lick right after the
other said Mr.. Sullivan, seven times in
succession. After knocking me down he
kicked me. When 1 got up / asked him
II that was all the harder he could hit,
and he then drew his pistol and struck me
over the head with it, knocking me down
again. challenged him to come down into
Bryan street and settle the matter like
a man. then went down to my place,
got my Winchester rife, put twelve shots
IN II and sat on my steps waiting for
him to come down"
This last statement of Mr.. Sullivan
seemed to surprise the aldermen some
what, and one of them asked him why he
put twelve shots in his rife.
To lay for the man who had slaugh-
tered me for nothing" boldly replied
Mr. Sullivan.
This open avowal of deadly intentions by
Mr. Sullivan evidently impressed the al
dermen unfavorably. He was warned that
he was liable to injure himself by such
statements ana declined to answer further
questions on this line.
Chief McDermott requested that Mr.
Lewis be called to testify whether or not
he used pistol. Mr.. Lewis had gone,
II positively deny that / struck him
with a pistol said the chief cor that l
kicked him. It was the ring on my hand
that cut him.
Mr.. O'Connor made a short argument in
| which he contended that even if the evil
| dence We're true Mr.. Sullivan had vio-
iated no city, ordnance, and could not be
| legally fined. He held that two men
might fight in building, and so long as
| they did not disturb the peace the city
! could not take any cognizance of it,
| thought 1t might be violation of a state
| ordinance. Mr. OConnor claimed that
| there had been no evidence to show a
! disturbance of the peace and that conse-
| quently there was no violation of the or
| dinance. He quoted authorities on the
| point ana several recent decisions of the
| supreme court
Alderman Kolshorn moved that the de-
| clsion OF the mayor be sustained, and
| the motion was seconded by Alderman
Bacon. The mayor was about to put the
| motion when Alderman Falligant re-
| quested the opinion of the city attorney,
| Mr.. Adams said that there We're two
| things to be considered: First what oc-
| CURED in the house. and, second, whether
| the peace and good order of the city had
| been violated 1t would be necessary to
| show that disorderly conduct had existed
| in the house and that it disturbed the
| peace, good order and quiet of the CITY
| outside. Mr.. Adams said that the getting
! Of his gun by Mr.. Sullivan. and waiting
| outside might be considered disorderly
| conduct. Otherwise he did not consider
| that the difficulty which occurred within
the building was sufficient basis for the
| city's case
| Mayor Myers explained that he made
| the fine as heavy as he did because il
| was a quarrel with the chief of police,
| and he believed that the officers should
| be respected. :
| After hearing the opinion of Mr. Adams.
| Alderman Bacon withdrew his second TO
| Alderman Kolshorns motion. Alderman
| Garrard then seconded the motion The
motion to sustain the decision of the
| mayor was sustained by a vote of Z to g.
! Aldermen Carolan, Gleason and Bacon
| voting in the negative.
| Mr. O'Connor stated that he would
| certiorari the case to the superior court
The appeal case of NJ A. Buttimer was
| set for hearing at the next meeting of
! council by request of Mr.. J. NJ. Dreyer
| attorney for Charles Goldman.
CITY BREVITIES.