Evening star., 1897-05-04
A [ EG Al TAN G L E
Michael Burke May Not Serve His Sem
tenoe. 81
Selling Liquor without q License
Convicted on One Information and
Sentenced ON kno.her.

Considerable amusement was afforded
the interested ones about the Police Court
today, when what is generally believed to
be a very clever piece of legal maneuvering
came to light This ingenious manipula-
ton. as It is so described. is firmly ex-
pected to result in the release of a prisoner
sentenced Saturday last to the workhouse
for term of four months. in default of a
fine of $500. without the payment of one
cent Of the fine or the serving of more than
very few days Of the sentence.
The case in question, according to the in
formation, was one of "uplicensed bar, Sec
ond offense charged" the defendant being
Michael Burke. Burke resides at Rupli-
vile, struggling village adjoining the
National cemetery, just across the road
from Rock Creek cemetery, and a stones
throw from the north gate Of the Soldiers
Home grounds. More than year ago ne
was arrested for selling liquor without a
license his patrons being principally old
soldiers from the home, so it was alleged.
After a trial Burke was convicted in the
Police Court January 4. 1896. and sentenced
to pay fine of $3.50 or serve three months
in the workhouse. He served the sentence.
The cure was not complete, however. for
several weeks ago Michael was again
placed under arrest for conducting an un-
licensed bar, and when taken into court
second offense was charged. A jury trial
was demanded, and after some delay a
hearing was had, and twelve men gave it
as their unanimous opinion that the de-
fendant was guilty as alleged in the in
formation. Counsel for Burke Immediately
gave notice of the filing of motions for a
new trial and for arrest Of judgment. In
due time these motions were formally pre-
sented and argued before Judge Kimball,
who overruled both. Thereupon counsel
intfmated that the case would be carried
to the higher court on appeal.
Burke was ordered to appear for sentence
Saturday last. When the case was reached
one of the counsel for Burke addressed to
the court an earnest plea In behalf of the
convicted man. 1t was set forth that he
was old. great physical sufferer and a
veteran of the late war. through which he
served with bravery and ability 1t would
be great hardship. so stated counsel, for
Burke to serve long term In the work
house in his present physical condition IL
sentenced under the law for second offense,
unlicensed bar, and therefore counsel urged
that the court be lenient.
The law covering first offense, unlicensed
bar. provides fine of not less than so5O
nor more than $500. and in default of pay
ment, not less than sixty days nor more
than six months in the workhouse. For
second offense. the stipulation is imprison-
ment in the workhouse for not less than
three months nor more than one year, In
addition to fine of not less than $3.50 nor
more than $500.
Counsel urged upon the court, so says
those who heard the argument that it
would be only humane to sentence Burke
under first offense information, so that
he could pay fine and thereby not have
to undergo imprisonment with labor, as he
was really unable to stand such hard
ship. If the court would take such action,
intimated counsel. no further steps would
be taken by counsel in the direction of an
appeal. BEi9
The court finally agreeiJeto sentence
6rSf off inf
directing him TO pay fine of $780, with
four months in the workhouse in default
The fine has not yet beeho paid, Burke 60
held. OF I
The matter assumed an Interesting phase
today when it was stated about the Police
Court that a very clever ruse was about
10 come to a head. and that IT would sure
ly result In the restora ton of Burke to
liberty. Counsel, wheA4s addressing the
court. promised or intilpatsd that they
would take no further steps in the case in
the event that the court would sentenc.
their client under a first ofsense informa-
ton. and. 1t is stated. they will not be in
VOWED In the resultant proceedings, FOR, it
Is said. Burke has employed other counsel,
VINO mean in the very near future to
make application to the Supreme Court of
the District of Columbia for the release OF
Burke on q writ of habeas corpus. 1t will
be alleged. SO the story goes. that Burke
was convicted on an information charging
second olfense. Therefore his sentence
under an Information charging first off-nse
an Information On which he was not tried.
was unlawful. it is claimed and several
prominent attorneys who were interviewed
on the subject today agreed with that view
OF the situation. they saying that little
doubt exists that Burke viii be released as
soon the writ of habeas corpus is pre-
sented. Those who have followed the case
seemed to be very much amused today
when discussing the affair