The herald., 1896-12-11
THEIR CASE KNOCKED OUT.
Parkhurst Crusaders Lose in the
First Round
MOTION TO DISMISS GRANTED
Legal Sparring INDUCED Ia by the Op-
posing Attorneys
DR.. Mclean says He Is Dot at All Dis
couraged, but No More Cases Will
Be Prosecuted Before Morrison

Yesterday saw the ending of the trial
Of the second Parkhurst case and de-
cision rendered which deals a death
blow to all the present complaints
against the proprietors of ''parlor
houses" who are accused Of selling liq-
uor without license. Justice Morri-
son promptly held that one sale of liquor
cannot be held to establish proof that
q retail business is being conducted;
In his position having the support of
numerous decisions of the supreme court,
not only of this, but other states. He
accordingly granted the motion of coun-
sci for the defense to dismiss, discharged
the woman, Florence Laddy, and the
third of the Parkhurst cases had gone
by the board, carrying with 1t four or
five others of similar nature.
The courtroom was crowded some
time before the hour set for opening
of courts: 80, with heterogeneous throng
representing all walks in life. Inside
the railing sat Rev. DR.. Mclean, with j.
A. B. Wilson at his side. other members
of the league grouped near Attorney
J. K. Rush appeared promptly. looking
fresh and vigorous and evidently loaded
for bear. Deputy City Attorney Thom-
as and assistant counsel. l.. r. Scran-
ton, We're also primed for the fray which
opened at $40 by Mr.. Rush taking the
floor ana commencing his argument in
support of his motion for dismissal.
He began by asserting that he had
shown that the complaint had no foun-
dation in fact, that it was not even
couched in the proper language. Tho
prosecution was trying to put forced
construction on the law. 1t was a case
of a powerful organization prosecuting
a poor, unfortunate woman. The So
ciety was getting money from all over
town to carry on this prosecution. He
defined the word business" as used in
the statutes and declared that it did not
apply to the case at ISSUE The defendant,
he declared, was not running a place
for the sale of liquors. She was in an
other line of business A number of
cases were cited in support of the position
taken.
Mr. Rush said the defendant in the
case did not serve the members of the
Parkhurst league with beer 1t was a
young woman named Wilson. Whether
this woman Wilson was employed to hoe
corn or shuck potatoes the speaker did
mt know In fact. he didn't care. Per-
haps it was her business to sit in the
parlor and look while the members of
the committee were buying beer.
He said that dowri in the place where
the ministers met and bought beer the
establishment was rot run for the pur-
pose of selling liquor. II was run for
another purpose. If the ministers want
ed to buy beer, why. they could get it.
They had no reason to complain be-
cause they were charged dollar bot
tie. He held that the delivering of "a
bottle of beer was not an incident of
business and was not the business it
self
Continuing, he said: These members
of the Parkhurst society went to this
house to try to make the keeper violate
the law. 1t was a deep-laid scheme
scheme conceived in sin and brought
fourth in iniquity These men should
help rather than pull down this poor un-
fortunate woman. 1t is the worst kind
of persecution. | believe that IL the
poor girl can be convicted of this charge,
every one of these fellows can be con-
victed of obtaining goods under false
pretenses. This organization is no part
of our government 1t is working against
our police officers. The society is dane
irg war dance over their battle against
poor unfortunate woman. 1t is
scheme carried on for unholy purposes
Il do not wish to cast any reflections
upon the sobriety of the reverend gentle
man ard | do not doubt but what he told
the truth--as we'll as he knew it, but he
X d
fight and hula-hula dance. 1 know
your honor that had some old drunk
got upon this stand and had not been
able to remember any more than the
Reverend DR.. Mclean remembers, his
word would not have. been believed for
single instant. The law is not made
for prostitutes nor for Dr. Mclean. We
must deal with them both alike. And
SO l ask your honor to do
Lawyer Scranton, attorney for the
Parkhurst league, followed Mr.. Rush.
He declared that the guilt of the de-
fendant had been established beyond a
doubt. In defending the society, he said
they would show the people the terrible
condition of things in the city; how an
institution was being maintained for the
purpose OF enticirg pure girls into lead
ing life of shame. He declared that
the Parkhurst society would hold up
this condition. of things to the light of
day. The authorities, he said, knew that
many young girls were being led astray
and ruined.
Deputy City Attorney Thomas argued
against non-suit. The fact, he said
hod been clearly establishedthat the
defendant was conducting retail liquor
business without a license. The internal
revenue license taken out by defendant
was here offered in evidence, and the
noon hour having arrived a recess was
taken until O'Clock, when, it was an
nounced by Mr.. Rush. that he wished TO
make few further remarks.
After dinner the matter was again
taken up and for nearly an hour longer
Mr.. Rush discussed the question in ali it's
bearings, severely arraigning the minis
ters and the conspiracy they had en-
tered into to induce violations of the law
At the conclusion of his remarks Just
before o'clock the matter was submit
ted. In few words Justice Morrison
gave his decision and the points upon
which 1t was based, ordering that the
complaint be dismissed and defendant
released from custody. The crowd
slowly filed out. the majority apparently
well pleased with the result but the
Parkhurst people looking rather dis
gruntled and the trial was over.
WHAT HE THINKS OF IT.