The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-10-13
JURY CONVICTED TEEN
BassfoTd & Glenn Found
Guilty Of Sunday
Liquor Selling.
MARBLES JURY DISAGREED
BIS Next Trial Will Be Before a
Struck Jury Cheeseman's Bar
keeper to Be Arrested
for Perjury.

OF five saloonkeepers tried in the Gene
raj Sessions Court yesterday for VIOLA
ton of the Sunday law two were con-
victed, two acquitted and in the case of
the fifth the jury disagreed. Michael
Farmer was tried in the morning. Hugo
Ritter, the States witness in that case,
proved to be so stupid that Prosecutor
Winfield himself would nave been sur
prised If the jury had found any other
than a verdict of acquittal.
The other cases were different, how
ever. The States witnesses were Joel S.
Harris and Joseph E. Thompson, private
detectives from New York. They told the
same story in each case; the evidence
was precisely the anne yet the respective
juries convicted two of the defendants,
acquitted one and were unable to agree
in the other.
Frank Bassford n John Glenn, pro-
prietor of the Imperial Hotel on Exchange
place, were the unlucky ones to be con-
vfcted. The jury which considered their
case deliberated from 1915 until $50 P.
M, and then brought in a verdict of
guilty. The evidence in their case was
published yesterday. The verdict was an
unexpected surprise.
Patrick McArdle, president of the Hud-
son County Liquor Dealers Association,
was the next one to teke his seat in the
defendants chair. Detectives Harris and
Thompson testified as they did in the pre-
vious case, tha they went intosMeArdle's
saloon on Sunday, bought whiskey and
beer and put some of the whiskey in a
vial. They treated two or three men who
were in the barroom.
For the defence, Oscar Earleton, Nc
Ardle's barkeeper, testified that the sa-
loon was owned by a stock company. He
knew nothing about McArdle's alleged
ownership Of the place; in fact he did not
recognize McArdle in the business at all.
who pays your" asked Prosecutor
Winfield.
Il pay myself answered the witness.
You pay yourself?"
Yes, sir; at the end of the week l take
my wages out of the drawer"
The witness continued that nothing was
sold in the place on Sunday. He was
there cleaning up.
After celebrating about two hours the
jury came out and reported that they
were unable to agree. Judge Hudspeth
sent them back. They remained out until
six O'Clock and then reported again that
an agreement was impossible. d
Hudspeth discharged them.
This morning Mr.. Winfield made an APP
plication for a struck jury to try Nc
Ardle again. The application was granted.
Archie Grossman followed McArdle yes
terday afternoon. The detectives gave the
same testimony. They drank the usual
beer and wniskey. They were admitted
by James Demon, the manager, and
Mark Ryan, the bartender, was on duty.
what is your reputation for veracity?"
asked Mr.. McDermott Of Harris on cross
examination.
81 object, shouted Mr.. Winfield.
I'm a case in which you were acting as
lafaa%i1ra - onntfr111 ODD ~ n ~ Mo T1Hrmaff
would you believe yourself under oath?"
81 object" shouted the Prosecutor
again, and Judge HudsPeth sustained the
objection.
Martin Ryan, the bartender, testified for
the defence that the place was closed on
that particular Sunday. He was there
cleaning. Nobody was allowed in and
nothing was sold. Crossman was ac-
quilted.
This morning Prosecutor Winfield said
it was evident that Ryan had committed
perjury in his testimony yesterday. and
rest. Judge Hudspeth ordered the caplas
issued.
The trials had to be suspended yester-
day afternoon because there were no jur-
They were resumed this morning with
John l.. Kelly in the defendants chair:
Kelly's saloon is at Newark avenue and
empanneled Mr.. McDermott asked that
the professional detectives be excluded
from the room.l Judge Hudspeth direct
ed all the witnesses to retire to the front
room.
Detective Thompson was called in first.
He testified that Keily's place was on the
corner of Montgomery. and Henderson
street. He and his fellow detective were
admitted through a side door in Hender-
| son street by the defendant. Richard
Moore the bartender was behind the bar
and served them with beer and whisksy;
witness sharply. The detective said that
he had been in several places on that
Sunday which was May "a. He drank
whiskey. They came over about nine
o'clock in the morning and got back to
New York about eight o'clock in the
| evening.
testimony so far as going into the saloon
and getting beer and whiskey, corrobor-
ated the testimony of his partner. but
that their exclusion had produced the
effect desired by Mr.. McDermott.
Richard Moore the bartender. was
R fsslfai a aaioo sss on May th a: IN he fa was he n0. wa ln
not employed there until May %, five
days afterward.
Prosecutor Winfield recalled Detective
Harris. and asked him If Moore was the
bartender who waited on him in Kelly's
saloon on May q. Harris declared posi-
lively that he was. Detective Thompson
was recalled. and after looking closely at
he was the man.
Mr.. McDermott then took Detective Har-
r.s in hand, and ELECTED from him that he
did not get Moore's name on May "a, but
he came over two weeks afterward, and
seeing More behind the bar ascertained
his name. and put 1t down in his mem
orandrm hcnk- He stsii persisted now-
ever, in declaring positively that Moore
served him and Thompson with drinks on
that Sunday when they were looking fol
evidence.
IN his summing up Mr.. McDermott
gave the detectives a scorching. He
i said If a man is employed TO sell meal
he win sell It: If he is employed to fight
a battle he will fight 1t. A detective who
is employed to get evidence will get it,
and it makes no difference to him whether
the evidence is true or false. He is en-
Dloyed for that purpose, and if he failed
his services as a detective would not be
of any value to his employer.
Mr. McDermott asked the Court to d.
rect an acquittal on the ground tha the
detectives had testified that they bought
liquor at a place other than the place at
which the defendant was licensed to sell
it. The motion was denied and the case
went to the jury.
Enoch j. Smith, of Montgomery and
Warren street. was next called to the bar.
His trial was going on at recess.
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