The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-09-23
REconDER aEDuCED PuNIsHaIENT.
EichhOIz Got on With $50 Fine, IN
stead OF 500 and No License.

stead OF 500 and No License.
Yesterdays session Of The Police Court
was rendered notable by the hearing Of
cases against E. Eichholz and E. Weitz.
two saloonkeepers, whose places are sit
uated in the neighborhood of East Broad
and Liberty streets, so unfavorably known
TO the police. These individuals had been
placed on the docket by Pstrolman Hal
ford, by whom they were charged with
keeping open their bars after midnight
Tuesday and until the small hours of Wed
nesday morning.
The evidence against Eichholz was pos
tive and directly to the point. The pO-
liceman testified that he had seen light
and heard the noise of many footsteps on
the night in question, and that ne could
not be mistaken In saying that the saloon
was open after hours. When he averred
that the bar was open and that drinks
were being dispensed TO belated customers,
he knew whereof he spoke, and ii was i'm
possible for there 10 be any doubt about it,
The liquor dealer when 1t came his
time to make a defense, could furnish no
satisfactory explanation of the light and
the footsteps. He ventured something
about the footsteps being those of his
children in the house adjoining the bar,
ard suggested that the light the policeman
saw might possibly have been a reflection.
Patrolman Halford clinched the matter,
however, when he said that he had seen
a man coming from the door of the bar
room, not the one in use in the daytime,
but the one through which late customers
are admitted. Under the circumstances,
the Recorder saw his way to no other
course than a conviction. Accordingly he
sentenced the defendant TO pay fine OF
s100 or serve thirty days in jail and to for
felt his license
Later in the day. however. the Recorder
reconsidered his first determination and
reduced the fine to $50 and abrogated that
portion of the sentence that had regard
10 the forfeiture of the license. Eichholz
had previously determined to take the case
by writ of certiorari 20 the Superior Court,
but when the fine was reduced and his
license restored, he decided that he would
not do it, He had steadily commended that
he had been guilty of no violation of the
law and defends his failure TO fight the
case further by saying that he considers
it cheaper to pay the fine now imposed
than TO incur the expense of attorney 5
fees and court costs
The Recorder heard also the case against
B. Weitz, another of the sa4oonkeepers
in the same locality, but was unable 20
arrive a a decision. The evidence was
conflicting and some of that given for the
defense apparently trustworthy. Weitz
sad that he had had a carpenter in the
house at the time the sale of liquor was
alleged to have been in progress, ? O'Clock
in the morning, and this statement was
confirmed by the carpenter, who was said
to have been doing the work
All that Patrolman Halford could say
was that he had seen a light in the bar
and heard noises that seemed to him 10
have been produced by persons who were
there for the purpose of quenehing thear
thirst and were carrying out their inten-
ION. He had not seen any one doing the
drinking, nor could he positively swear
made the evidence on behalf of the city
a trifie uncertain.
Under the circums tances the Recorder
did not feel that he could conscientiouslv
pass final sentence, and continued the case
until a more complete investigation was
rendered possible. During to-day he WIKI
visit the bar of Weitz and endeavor from
the physical conformation of the premises
10 gather an idea of the probability of the
story told by the witnesses for the de-
Tense.
The matter of the observance and en-
forcement of The midnight closing ordi-
nance has attracted considerable attention
during the last few days, since it has been
brought before the public by the statement
OF one Of the saloonkeepers, appearing in
the Morning News. Wade. the saloon
keeper in question, was anxious that the
law should either be repealed or enforced,
he did not greatly care which, so that
everybody should be placed on the same
footing aud compelled to occupy position
of equality in the matter Of competing for
business 1t was Wade's contention
that The law should be enforced impair
tally as long as it was on the statute
books