The herald., 1896-12-13
Another Parkhurst Case on
Trial Yesterday
TOBE CONSIDERED THURSDAY
How Drinks Were Obtained Under Al.
legged False Pretenses
Rev. Mr.. Mclean Was Taken for a Phys
ician-Witness Ryder Did the Drunk
Act-Confiicting Testimony

Nearly all of yesterday afternoon was
occupied in the police court before JUS
tice Morrison in the trial of the second
case of the Parkhurst league against
saloon-keepsrs who are accused by the
Summing committee with selling liquor
after the midnight hour of closing. Tne
defendant in the case on trial is Rudolph
Schultz, ,one of the owners of the Broad
way" saloon at No. 614 South Broadway,
and he is alleged to have sold to Rev. DR..
Mclean and H. S. Ryder at about 1:45
on the morning of Tuesday, Nov. 24th
last. a drink of beer and half-pint mask
of whisky.
Deputy City Attorney Crutcher ap-
peared in the place of his colleague, MT.
Thomas, the latter having been calleo
elsewhere on business. Attorney ocfaH-
ton. as usual, represented the crusaders,
and il was announced that Jud Rush
would appear for the defendant. The
hour of opening had been set for o'clock,
but it was almost when Mr.. Rush maze
his appearance. The wait was enllveneo
by several objections made by MI.
Crutcher to the delay Mr.. Scranton was
also anxious to go ahead. but finally both
settled down and patiently awaited the
arrival of the dilatory lawyer
The first move was made by Mr' hush,
who asked to withdraw the plea or not
guilty offered by his client This pc
ing granted he presented demurrer to
the complaint. In it he advanced the ar
gument that the complaint was defective
because 1t alleged that the offense was
committed within the limits OF Ger
tain drinking place commonly called the
Broadway saloon,' while the ordinance
makes no mention of drinking places or
saloons He quoted authorities to snow
that saloon is not exclusively nor gem
orally known as place where liquors
are dispensed, but is where refresh
ments can be obtained. To this argu-
ment Attorney Crutcher made no re-
ply, and the demurrer was over-ruled,
an exception being noted. Then the plea
of not guilty was renewed, jury trial
was demanded and refused, another ex-
ception taken, and, the prel1minarles De-
ing over. taking of testimony began.
DR.. Mclean was the first witness call
ed. At LAS on the morning of Tuesday,
November "a last. he, in company with
H. S. Ryder, one of the members of the
committee, passed up an alley running
from Spring street to Broadway and en-
tered the yard in the rear of the saloon.
AS they neared the back door it opened
and a couple came staggering out. One
over 16 years old. Passing by them. as
the door was still held open, the two en-
tered and went ahead into the barroom.
Four men were in there, standing near
the bar, one of whom called out loudly
to know when he was going to get
drink. Ryder was playing-the role of a
drunken man. and did it well.
He lurched up to the bar and asked,
for a drink, ordering beer, then went
over and sat down at a table across the
ROOM The beer was drawn and placed
upon the bar, being carried over to
Ryder by DR. Mclean, who purchased
cigar for himself. Ryder commenced
TO consume much, the beverage being
taken away by the doctor, who told him
he had had enough. and poured the
liquid into cuspidor Then DR.. Nc
Lean went over to the bar again, asked
for a small flask of whisky, secured and
paid for it, leaving the place few min
utes later. Here the flask of whisky was
produced and offered in evidence. to
which Mr.. Reed objected, as it had not
been shown that the contents were
whisky, but in this he was overruled.
On cross examination the minister
stated that he was attired that morning
in his customary dress, wore an over
coat and carried small hand satchel.
Ryder had on a sweater and played
drunk because he (McLean) had told
him to do So The line of defense was
here revealed by questions put TO the
witness, evidently with the idea of
showing that he had represented him
self as physician. with Ryder under his
care. and had obtained the liquor by this
subterfuge. A direct denial was made
by DR.. Mclean, who said that he could
remember of no conversation of such a
nature. Being pressed for a negative
answer the witness replied that he
could not swear that such a conversation
did not occur in the room.
Didn't you step up to the bar and tell
defendant that Ryder was in bad con-
keep him until morning?" asked Mr..
Rush.
'If did I don't remember it now," an
swered DR. Mclean.
He stoutly maintained that he had
used TO unfair means to procure the
liquor; had no cause to do so, for the
bartender did not refuse at any time to
serve them.
IT. D. Ryder was next called, and on
direct examination testified substan-
TALLY as Dr. Mclean. He had tried to
appear drunk and staggered when he
walked. but emphatically denied that
he had played sick. Being excused, DR..
Mclean was recalled to state that the
contents of the flask in evidence were
and had been safely under lock and key
at his residence ever since. This closed
the evidence on the part of the prosecu-
ton and they rested. motion to dis
miss on the ground that no case had
been established was made by Attorney
| Rush, only to be promptly denied by the
court, whereupon the defense was taken
| up
The defendant Rudolph Schultz, took
| the stand and said that he distinctly re-
membered the morning when DIR. Nc
Lean and Ryder called. 1t was about
| 1:30 and he was allowing a couple who
had been occupying one of his back
rooms to depart by the rear door when
! the two came and pushed by him into
the saloon. His place was closed and
had been since IL o'clock, which was not
even obligatory on him as he ran a res
| taurant in connection and had a res
| taurant license. Ryd1r was the first tC
speak and he ordered a glass of whis-
ky, at the same time saying, "Give the
! doctor what he wants" At this point
| Schultz says he told them the bar was
! closed, and he could sell no liquor where
| at the doctor told him that Ryder wa.
under his care and to give him no whis.
! ky, but small glass of been. Schultz
averred that he thought DIR. McLear
was a physician from the fact trat ht
| was addressed as doctor" and carried
| a bag such as medicos affect, and to him
! Ryder looked sick, as though recovering