The evening times., 1897-02-12
PROSECUTOR As WITNESS
Mr.. Pugh Testified Before the
Excise Board.
PHILIP BARRY'S CASE UP
He Is Charged With selling to
MinOrs-Policeman Mason's Ex-
treme Zeal in "Making Case"
Against the Accused-The Board
Surprised by Some Statements.

Philip Barry, who keeps a saloon at No.
IO11 c street southeast, was before the
excise board today to answer to charges
based upon a report of the police TO the
effect that ne had violated the law against
late closing, had sold beer to minors,
and had used an alley entrance, con,
trary TO the regulations Barry had been
in police court, it is alleged, upon each
of the alleged offenses, and had been each
time exonerated, and the effert OF his at
torney, Mr.. Joseph Shillington, at the hear
ing today, was To show that Officer q. W.
Mason, who was responsible for the
accusations. had been actuatedin discourse
by prejudice.
AJlofney James Pugh, prosecutor in the
police court, was brought into the case as
a witness today, and testified that in his
Judgment. Mason had been unusually zeal
ousin the prosecution OF the cases. and that
on one occasion he had filed an infoFma-
ton which ke must have known had moth
ing in it. Mr. Pugh said he did not think
the officer would falsify anything to
make a case, but he had taken more in
terest than is ex hibited by other policemen.
Asked by Mr Shoemaker If Mason had
taken more interest that Sergt. Daley was
accustomed TO exhibit, Mr.. Pugh an
swered: Yes, Sergt. Daley works as
siduoJsly to get a case into court, but he
then leaves it to the officers of the court
to prosecute. Mason took time TO assist
the Officers"
One important point in Mr.. Pugh's testi-
mony was that a case against Barry for
selling to a minor was nol-prossed, because
it was shown that the child who got the
beer was merely a messenger for another
adult.
The courts aH hold said Mr.. Pugh,
that sale for delivery by child to an
adult is not a sale to a minor"
do you mean, Mr.. Pugh, =" inquired Col.
Bates, of the board. that a child Of six
or seven years may be sent to a barroom
for beer bought for an aduit?'
Yes, the coarts all hold that if the beer
is shown to have been delivered to the
adult, il is no violation of the law"
This seemed to be news to the board, and
the members cast glances in the direction
OF each other.
Officer Mason, who was present, ad-
mitted that he had taken enough interestin
the case OF going into Maryland to hunt
up the rec ord Of an alleged minor, whose
age was Ia Couht, and said he spent Sc so
on the trip. He would have expended $50
had it been necessary.
Two boys were put on the stand, alleged
minors, named WentZee and Lang, from
whom Mr. Shillington drew the state
ment that the officer had been in the habit
OF rrequenting Barry's saloon, and they had
known Of his having eaten there. and had
procured drinks This the officer denied.
Mrs. Campbell, colored, the mother OF an
alleged minor in tie case, testified that
officer Mason had once come to her and
asked her to give certain testimony in the
police court against Barry. She indignantly
stated that she had refused TO comply, and
that Mr.. Mason told her she shouldn't t
lose anything by giving the testimony. She
gave the age Of her son, a great stTapping
fellow, with a budding mustache, as
twenty-one years last August.