Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-02-16


oneratod Peo's attorneys from having
attempted In influence the witness.
The next witness was Miss Lille
Houghton of No. 101 South Franklin
street, who corroborated Miss Conner's
evidence in the essentials. She said
she would be 81 years old next Noyem-
Der. Her story was clearly told. She
was cross-examined at length by Mr..
Harrington.
Thomas Cavanaugh, who works in
machine shop and is. interested in the
East Fourth street dancing school, was
not sure as to tho date, but was ut
Peo's one night about tho date men
toned, January Goth, with Miss Con
ner and Miss Houghton, and paid for
two rounds of drinks. Tho first round
he carried from tho bar 10 the room
where the girls were,a all having entered
tho family entrance, and the second
round was brought TO them. Ho was
not positive whether Poo brought tho
boer, but saw him in the room, and
paid him for it.
Olilcor Ralston was called to the
stand but was not allowed to testify rs
TO why no arrested the Conner girl.
John Conner, father of Annie, testi-
fed that she would BIO II years old in
August
The State rested.
THE DEFENCE orENs.
In opening for tho defence Mr.. Har-
rington admitted that from the evil
dence thus far tho minds of the jurors
might be made up, but he declared
Peo to be not guilty. He alleged that
the case was to cover up n "most IN
famous den Of iniguity where children
can get drink on Sunday or any other
day-Turners Hall. "
Mr.. Harrington added that somebody
had to be made the scapegoat and this
was the man. As attorney, he had adj.
vised PEG not to allow women ut his
place unless they were registered as
guests. In this case he proposed to
show that the drinks we're paid for by
Cavanaugh, If the parties were there,
which was not within the knowledge of
PEG, or the bartender, and that PEG
was in bed at the Time the girls said
they were there. ,s.s..
Theodore Falloy, the bartender, swore
that on January 26th, he did not sec
the girls and Cavanaugh at Peo's. Poo
himself had been around until about 0
o'clock, then said he was feeling. badly
and was going to bed.
Upon cross-examinstion by Mr..
White, the witness fixed this day week
Us January 26th and chung to it until
he suddenly saw that he was mistaken
and corrected himself.
Mr.. White asked where women were
served with drinks. The defence OBJ
jected 10 this as an insinuation that
women went there. The State retorted
that there was no law against selling
TO women and dropped the question.
The State brought out that Mrs. Poo
was around the place and that there
were two bars and that she might have
served drinks without his knowledge.
The bartender was the last witness
before the recess. Chief Justice Lore
Before Peo's trial, Daniel O'Hanlon
had been convicted of stealing puir
of skates, owned by, George Johnson.
He was sentenced to receive Is lashes
and be imprisoned one year. Rudolph
Lovejoy, who had pleaded guilty to the
same charge, received n similar SEN
tence.
After all the evidence had been taken
in the case Of Saipuel PEG, charged
with selling liquor To minor, the de-
fence Thursday afternoon asked tho
General Sessions Court to instruct the
jury TO find verdict of not guilty on
the ground that the proof was that the
liquor was sold to Thomas CRvanaugh
and not to tho minor, Annie Conner.
Tho statute makes IL unlawful for q
saloonkeeper to sell or give liquor to u
minor. The defence held that tho Ian
guage of the statuta did not cover the
case in court because PEG neither sold
nor gave the beer to the girl. Robert
q. Hartman, who is associated with
Austin Harrington in the defence, pre-
sented to the court argument to bear
out that contention, He cited case
in Illinois where the court had decided
that when a minor and an adult took
drinks and the adult paid for them, the
saloonkeeper was not amenable TO tho
law. In that case il was held that the
law, prohibiting selling or giving liquor
to minors did not cover that point, and
that tho law would need to prohibit
dispensing to meet such.
On the other hand Deputy Attorney
General Peter l.. Cooper, Jr., citod u
case in Michigan and one in North
Carolina to tho opposite effect. In
those cases, 1t was held that when the
adult paid for the drinks for the minor
tho liquor dealer WAS amonable.
Mr.. Cooper held that to rulo that the
statute did not cover the case would
have the effect of making it nugatory.
In closing the argument, Mr.. Harman
said If the statute WAS not broad
enough, lot it be hroadened, but he
held that the case was not mot by it.
He drew attention to the fact that tho
statute, in referring to selling liquor
on Sundays and election days says
"sell, give or dispense, whereas it
says simply soil or give, as to minors,
implying intent on tho part of the
Legislature to leave out the word dds
pense. y"
Tho court announced that IL would
give its ruling on tho question raised
when 1T came to charge the jury.
Whom the trial of PEG was resumed ut
tho afternoon session, George Nc
Kinney was placed upon the stand by
the defence. She does housework ut
Pools place, tho Washington House,
No. 205 Market street. She testified
that ON tho evening Of January 26th
she did not see man ard two girls
drinking beer in the dining room, and
that she wonld havn seen them If they
had been there. On that night PEG
was i'll and went to bed at . O'Clock.
She knew he was in bed for she saw
him there
On cross-examination by Deputy At
torney- General Cooper the witness
seemed to be mixed as to the dates,
January 28th, 9th and 2sth.
John Conner, father of Annie. testi-
fed that he knew she was at home be-
tween and o'clock and WAS in bed
by 10 O'Clock ON the night in question.
He said his daughter had said that
she first denied being Mt Poo's and thcn
int hat Nh