The morning times., 1896-03-22
D0HELlY AGAIN OPPOSED
GrOcer's Annual Contest for
Wholesale Liquor License.
ISSUES ARGUED YESTERDAY
Counsel Before Excise Board to Rep
resent the Applicant and His Op-
ponentS, Respectively-CitiZ Ar
rayed for and Against Commissions
ersAgain Veto FallsChurch II. II. Bill.

The celebrated DoncIIy license case,
noted by reason OF the prominence OF mauy
OF those who are opposing the applicant, and
for The further reason thlt it has provoked
a contest annually for twenty years or
more was again before the excise board
yesterday afternoon upon a second hear
ing, under a notice to show cause why
renewal should not be denied.
The Importance OF the issue is further
heightened by the announcement made by
Gen. John w. Foster, at the former hear
ing, that il necessary an appeal would be
carried to the Comm issiOners, thence to
Congress and even 10 the President, iuOrder
TO esta blis the right of citizens to prevent
the sale OF lquor in residence section.
The applicant in the case is James d.
DoneIly, a grocer, whose place of busi-
ness is 1T No. S28 Fourteenth street north
weSJaui who asks for a wholesale license.
Gen. Foster, Mrs. u. II. Painter, MIR. John
w. Thompson and Otherinfluent ntlalresidents
in the square where Mr.. DOnelly's place Is
located. are striving 10 defeat the issuance
of the license.
All points at issue lhave been heretofore
detailed in The Times.
Mr.. Douelly was represented yesterday,
as before, by Attorney w F. Mattingly, and
the protestauts by Attorney Nathaniel VIII
son.
Mr. MattingIy contended at the outset,
that the excise board had no right TO review
the work OF its predecessor. the Board OF
Commissioners acting in the same capacity,
and that as the main issue had been de-
termined by that hoard In justice TO the
applicant. the same points should not be
brought up for reconsideration from year
to year.
He read paper, signed by Rear A dmiral
JOuett. DR.. William X. King, and other
prominent residents, who said they had 10
Oh eciions TO urge against Mr.. Donelly's
application.
ATTORNEY MATTINGLY'S PLEA.
Mr.. Mattingly claimed that his client was
entitled TO his license by reason or the fact,
which he said was iudisputable, that hehad
his application on file at the date the
preSelJlaw wa enacted .andsubmitteddocU-
ments to prove the position Ia ken.
For the third time IN tie history Of the
excise business since the Commiss toner's
first had the matter in charge, a witness
was formally sworn, President Johnson
administering the oath. Mr.. F. l.. Alex
ander was the witness called, and his
test tmony was to the effect that as attor-
ney for Mr.. DOnelly III 1893 he received
an iDtimation that unless certain fines
then pending against Mr.. Doneny were
paid the license would be rejected. These
fines were afterwards paid.
The new law c0Dfers upon the board the
authority TO administer oaths, but does
not empower il to require the attendance
of witnesses, and this accounts for tbe
rarity OF he occurrence noted.
second witness sworn in this case
Yesterday was James Harris, a messenger
in the office OF the Commissioners, who
testified that early in the spring OF 1898
he telephoned the police lieutenant in the
precinct where MIR. Donely is located not
to execute the order to close Mr.. Donelly's
I.place as the application for License was
being again considered This telephone
message was sent by direction of the
| Commissioners, then acting as the excise
| board.
President Ross of the Board OF Commits
| sioners made a statement at the request of
Attorney Mattingly, that according to his
| recollection the question or the location of
! Donelly's store within 400 feet OF a school,
| Emerson Institute, had been considered in
| 1894, and that the fact that he had been
| granted license he year previous had
induc. them finally to approve the ap-
| plication for renewal.
THE OTHER SIDE.
Attorney Wilson read from the records
| to show that on the 2Sth day OF December,
| 1898, Mr. Donelly had been notified Of
| the rejection OF his application, and after
| stating the amount to which he would be
entitled in refund, notified him to call and
| get his money.
1t q not matter, Mr.. Wilson said, that
| Donelly was afterwards granted Il rehear-
! ing, the rejection OF his claim was then
| and there COnsummat6d. Subsequent no.
| tiCes, quoted by the attorney Oh the other
side, simply confirmed the previous act
| denying the right to a renewal, and nothing
| In the records or out of them could be
| found to prove that the original order
| had been reSCiI dcd. All subsequent pro-
ceedings failed 10 change the status of the
! applicant, and in addition he was told
| to either withdraw his deposit or file
| new application under the law OF March
3, 1898.
Since the whole question turned upon
| whether or not Doaelly had 4 legal claim
| to renewal under the old law, MIR. Wilson
submitted to the beard the fact that from
| their own record they would be obliged to
decide the point in the negative.
Passing to Mr.. Thomas opinion, as the
| Attorney for the District, and to the incl
/ dent he once before adverted to, in respect
to the attorneys qualification of the au-
thenticity of the rec ords, Mr.. Wilson said
Mr.. Thomas had made IAN absolute, plain
| mistake" and he emphasized the silence
between the last two words by extending
it several dash lengths.
'If the Attorney tor the District had
taken the trouble to search the records, >
he added, 'he would not have been in
doubt about q matter that was plain
enough to every man who did search the
records.
"Ipicsumed he had done so, and that he
would make haste to correct the mistake
into which he had fallen, but he did not"
HIS CLIENT PERSECUTED.
Mr. Mattingly spoke in reply, reiterat-
ing in a measure what he had previously
asserted, and said:
The marvel is that one or two individ.
uals should go so far out OF their way anC
put themselves TO trouble and expense in
| prosecuting and prosecuting this man."
He referred to Donelly as poor man
who is being prosecuted at the instance o.
several rich men of the neighborhood, anC
congratulated him upon the good fight ne
had made against odds.
In conclusion he said he would be GLAD
to meet Gen. Foster, one CT the pTOtestantS,
before the President, If need be, or befor
the Commissioners, or Congress.
The excise board has the matter now
more hearings.
The Commissioners yesterday returned Il
Chairman Babcock of the House District