The Providence news. (Providence [R.I.]) 1891-1906, 1896-02-26
The aFRIEND" WAS HIT.
Continued from Page s.

lice captain OF the district could visit 1t
TO see that all wss as required. Then he
was required 10 file bond.
ssYou don't issue the license until the
captain reportsY"
"Not until either the captain or some
member OF the board reports. Ordinarily
after we have made our regular tours OF
inspection these matters are left to the
capt aims"
nDo you know whether or not the cap
tain reported on this case?"
IL know he did by the fact that the APP
plication was granted.
"Who was the ca tain?"
"Captain Costine."
sWhen did he reportf"
81 can't tell as 10 that. 1 suppose he
made written report and handed IL In. :"
'Of your own knowledge did captain
Costine report In reference TO this placer
al can't say, but i am certain he did"
"Although you voted to grant the
license and the place was not put In
proper shape would you issue it?'
"Not at all.
"If that place was not in proper shape
when the nandamus case against Nixon
came up and he represented the facts to
the Supreme Court don't you think that
would have influenced the courts deci-
sion?"
ssHow do know? I'm not the keeper
of the Supreme Court"
"Was II not the duty OF Mr.. Nixon TO
have appeared before the Supreme Court
ana represented the facts In this case to
it?''
"No'
"Why not?'
Well. the city solicitor is the counsel
for the board ana Mr. Nixon acted ac-
cording TO his instructions. >"
"when did you first learn OF the writ OF
uandamus?''
"when MIR. Nixon told ME Of II. +"
"When Yves that?''
~ can't say exactly, but IL must have
been pretty soon after he was served with
the citation"
"was it the custom to interpolate new
applications in an advertisement after 1t
had once been published?''
81 presume So
HE GOT HIS ANSWER.
"Do you know whether it was the Gus
tom or not?'
al think it was"
'Do you look after the notices?"
"No, sir; l do not.
"Do you know of your own knowledge
that the notices are correct?"
ssNo. The hoard acts on them presum-
ing them TO be correct because the clerk
who has charge of the notices Is sworn
officer.n
s'Mr. Chairman, insist that the wit
ness answer my question as to whether he
krows OF his own knowledge the notices
sIe orrect or not. F"
II you ask me whether i read over
every one to see il ell the is were dotted
and all the It's crossed j say no; didn't
40 any such thing
Again Mr.. Mccarthy appealed to the
chairman to require the witness to give
direct answer to the question.
Chairman Fuller instructed Mr.. Burn
ha m, m ans wpr he question.
'sMy question is, I" said Mr.. Mccarthy,
"whether you know of your own knowl-
edge that those notices were correct?"
DO you mean whether -reaG- them all
through? OF course i didn't"
sit took a long time to get that an
swer,' remarked Mr.. Mccarthy.
"Well, you've got it, haven t you?" re-
torted Mr.. Burnbam, and with that the
cross-examination of the witness ended.
Gen. Wilson then put few questions.
"There has been more or less talk, he
said, 'about the number of licenses
granted annually. They are limited to
how many?"
.The number of retail licenses granted
each year is 400. This year the number
issued is 399.n
Chairman Fuller-"Is that limit Fixed
by law or does the hoard fix it?"
"The board fixes the number. Four
hundred Is almost one to every SEQ in
habitants, and the board thought that
was sufficient to quench the thirst of this
community"
Mr.. Burnham explained that no m ore
than 400 licenses have been granted since
the short term of the board. This time
be fixed more definitely later on by stat
ing that the 400 limit was fixed about six
years ago.
SCHOOL HOUSES AND SALOONS.
"Has the present board made any reg
ulations in granting Licenses with refer
ence TO the distance the places must be
from school houses?n
"The board will not grant license for
place that is nearer than 200 feet to a
school house. The old law excluded IL
censes within 400 feet of school houses,
but the present statute has no provision
on the subject.
Mr.. Burbank wanted to know what the
necessity was for this sort OF questioning.
To this Mr.. Wilson replied that he
understood the commissioners were prac-
tically charged with doing something
they ought not to have done, although he
had failed TO finG out what ii was. Now
IL they can show they exercised a wise
discretion in refusing to grant licenses in
the vicinity of school houses il certainly
has bearing on the matter in hand. OF
course IL the committee didn't want to
hear hat kind of testimony, why, he would
have to submit, that was all.
MT. BuTDuDk salu GeDerai W uSOn was
introducing something entirely original
in the defense.
Mr.. Wilson continued by offering in
evidence certificate copy Of the original
writ in the mandamus case and then an
nounced that he had finished with Mr..
Burnhan.
Mr.. Mccarthy called CAPITA i'm Costine
and ssked him IL he had, before Decem-
Der %, last, examined the building erect
ed by Tobias Burke at the conrer of Plain
snd Bishop streets, at the request OF the
license board. Captain Costine said he
oidn't think he made the examination
before the date mentioned. He thought
ii was later than that, probably the first
week in January, or even later. lie had
made written report To the commission
ers.
Mr.. Mccarthy asked 10 have that re-
port produced and then General Wilson
proceeded with the examination of wit
nesses for the defence. He called Mr.
George 4. Dorsey, one of the Dorsey
Brothers, who had previously tried TO get
q transfer OF license to the Buildings
erected by Burke and to which the Con-
nell license was subsequently transferred.