St. Paul daily globe., 1896-03-07

family. l tell you If these proceedings
take him from his present business,
that family will. bless the women who
instituted them:~ The only question,
think, is. is Murphy the proprietor?
This, L believe, has been thoroughly
proven. 1t makes no difference, under
the law, if he never was inside the
place BY the testimony of Grannagh
| when L asked him whose place it was
and he replied 'Murphy's,' 1 believe the
question of ownership is definitely set
tied, and now," said Mr.. Butler, 81
shall leave the case in your hands,"
At the conclusion of Mr. Buffers ad-
dress at 5:15, Judge Orr informed the
jury that. as 1t was then quite late,
should they desire it he would post
pone his charge until today. A brief
consultation upon the part of the jur-
ors resulted in the decision that they
would near the charge at once.
Judge Orr then read the complaint and
the alterations made therein, following which
he briefly, but concisely charged the Jury
as to its findings. The statutory law of the
aa ne dOroaS any any one to maintain
mouse Is one of extremely wide meaning
but, as applied to- this case, a disorderly
house is one which has disturbed, annoyed
or scandalized the public generally. II the
passerby or the neighborhood has been dis
turbed, then, under the law provided in
such cases. you wifi find the defendant
It need not b proved that there is noise
and bpisterous conduet to establish a place
as disorderly; nor is it essential that house
be SO reputed. 1t must be so in fact, and
TINS fact proved in evidence. 1t is not nee
essary that whole house be proved dis
! orderly One room in a building having
been established as disorderly, the proprie
| tor OF that building Of which the room is
| o part, if he control. the entire place. would
be amenable under the law.
The evidence in this case shows there
claims to be the proprietor of one, and some
one else of the other. The rooms con-
! nected by slamming door. The fact of
proprietorship is for you to determine from
! the evidence offered. If you find such. acts
| as have been alleged, you must find in what
room they took place. You will then satisfy
! yourselves beyond a reasonable doubt as
| to who is the proprietor of that room. and
bring in verdict accordingly. The illegal
! selling of liquor is not enough to constitute
| a disorderly house. Neither is the seldom
occurrence of infractions of the law sufii-
| cient to sustain such charge. 1t must be
shown that the offenses have been so fire.
| quent as to have become habitual. A place
which has habitually disturbed, annoyed or
! scandalized the public generally may be de-
clared disorderly house, as the term is
| applied in this case,
1t is not unlawful for women to enter and
drink in saloon or restaurant The fact
| of woman being in saloon does not in
| fringe upon the law, but, IT, q place be
proved to be the resort Of people. Of evil
| fame, either men or women, who, by their
| assemblage,' scandalize the general public,
| then such resort is a disorderly house.
1t need not be proved to convict this de-
fendant that he was the owner of the alleged
| disorderly house. If he takes part in its
| government, or controls its operations, he
| is, in the eyes Of the law, its keeper. It is
said that some one other than. defendant is
| the proprietor Of the place named in the
complaint. If you find this to be so from
the evidence, you cannot convict To return
a verdict Of guilty against the defendant
| you must find that he has exercised some
| control over the place where these disorderly
| actions are said to have taken place. You
must satisfy yourselves as to the facts in the
case beyond a reasonable doubt 1t is not
necessary that you be absolutely certain,
but bear in mind the wording of the law,
beyond a reasonable doubt
After explaining the meaning of the law
and it's phraseoIogy,f Judge Orr turned the
jury over to the bailifs, stating previously,
however, that he would remain in the court
room for half an hour. After that. If they
moned. -'t ~
The jury went out at $40. Up to 12 o'clock
midnight no verdict had been returned.
Watch for the new original paper,
The Day of the Week. 1t will be de-
livered to your home every Sunday.