Washington sentinel., 1901-04-27

Sullivan and his vile came uO"H
stairs and left the hotel, no one
was in the hall. In spite OF all the
evidence to the contrary, JUDGE
Kimball, as is his practice in all
liouor cases. virtually charged the
Jury 20 bring in verdict OF guilty.
The jury convicted Mr.. Sullivan,
whose attorney q. f, McNally)
then made a motion for a new
trial for the reasons previously
given.
A SENTINEL representative was
present in the court room last
Tuesday when the case was given
a hearing. Sullivan's attorney
pleaded earnestly that his client
should be given a new trial He
read first the following affidavit OF
Mr.. E. L. Jordan: That he (E,
L. Jordan) was present in the
Police Court on the I3th Of De
cember, 1900, when Sullivan was
charged with the violation oi the
Sunday law; that he was present
during the whole OF the time the
witnesses for he Government were
giving their testimony in said
court; that he was also present
during the time that the witness
for the defendant were giving their
testimony; that the witnesses who
testified to having obtained bot
tie of whisky on Sunday in ques-
ton from Mr.. Sullivan testified
that he got it from Mr.. Sullivan in
the dining room; that no one was
present at the time he obtained the
liquor from Mr.. Sullivan: that the
other two witnesses who testified
in behalf OF the Government in
said case, were not present; that
the other two witnesses mentioned
testified on that trial that they die
not see the other party when he
obtained the whisky from the de-
tendant; that he Uordan) furthel
swears that he paid close attention
to the testimony given in this case
and is positive that the testimony
OF the witnesses upon the fact:
stated above was clear and posi-
tive, and that they were asked a!
to these facts and circumstances
on cross examination by Mr.. Sui
livan's attorney, and repeated th'
same to him in answer to his ques
tions; that furthermore there wa!
no testiIr ony whatever on the par
Of the prosecution that any whisky
was obtained from Mr.. Sullivan il
the hail." Besides Mr.. Jordan
affidavit, Mr.. Archibald L. HuttoI
and w. J. Garrity, both wei
known citizens, made separate aft
davits, which were submitted il
support Of the motion for a nev
trial.
| Judge Kimball, in spite Of all thi
work, refused a new trial and i'm
posed the fine Of SIoo heretoior
mentioned, declining to give tn
accused until Saturday to pay, Oh
the ground that Sullivan and al
liquor dealers always had none,
to pay and if the fine was not paid
Sullivan should have three month
in Jail"
| Al this stage OF the proceeding
District Attorney Pugh seeing tn
SENTINL representative present i
the court room, laughingly, as
to remind the JUDGE Of the just re
buke which he had re gently re
ceived at our hands, stated, "Ther
is Mr.. Schade in the court room
ask him, Mr.. Sullivan, il he wi
not lend you $780," Judge Kim
ball glared, stroked his mustachs
looked fierce but said nothing. w
accompanied Mr.. Sullivan in tn
company Of Mr., Hood to the Dis
trict Attorneys office and the fin
was adjusted.
The Editor oil the SENTINEL ha
has not changed his opinion. Judg
Kimball by his actions in thes
two cases has given additions
proof that ne is far better quali6e,
for his old time trade than the on
which he now occupies.