The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-07-19
LEVAN ON TRIAL
FOR KEEPING OPEN A TIPPLING
HOUSE ON SUNDAY, JULY 7.
THE JURY is STILL OUT
MISTRIAL EXPECTED THIS
MORNING.

Policeman TuIIls, Swore He Saw the
O'Clock Sunday Morning-Witness-
cd This From "A Point I'm the Lane
Mt the Renr-Barkeeper He Identi-
fed Testified He Was on His Way
to Augusta Mt the Time-Tu1lis
swOre He WINS Behind the Bar.
Jurors Carried Around to Inspect
Premises-Further Developments
Expected.
Charles Levan, proprietor of a we'll
known cafe, restaurant and bar on
Congress street and a man prominent
in the sporting life of the city, was
on trial in the Superior Court yester-
day morning for keeping open a tip
ping house on Sunday. Early this
this morning the jury was still out, and
there seemed no prospect of an agree
ment.
The Indictment charged that Levan's
bar was open at o'clock in the morn
ing Of Sunday, July Z. The only wit
ness for the state was Policeman Ben
rullis, who swore that he had seen the
bar open. the barkeeper, Doc" Dor
tic, behind the bar serving drinks, and
number of persons standing in front
of the bar and consuming them. The
policeman was walking through Con-
! gres5 lane at the time he saw the bar
open, he said, and had witnessed the
sale of drinks through an open Win
dow in the rear. He said he knew Dor
tic perfectly, and that he could not be
mistaken in saying that he was the
man who was behind the bar.
Dortic swore that he left Savannah
on the night of Saturday, July g. and
had taken the train for Augusta. AT
the time the policeman charged him
with selling drinks he was in Mellen
Mr.. Levan made a statement in his
own behalf to the effect that his orders
to his employees and his own practice
was to close his bar promptly at mid
night every Saturday and that this
custom had been followed on the night
in question. He said that 1t was i'm
possible for the policeman, from the
point he claimed to have occupied to
see anyone standing in front of the
bar, and invited the jury around to see
for itself.
The Jury took the case at noon and
struggled with it for two hours. Then
it expressed a desire to see the prem
ises and examine them for itself and TO
this course counsel and the court
agreed. The trip was made by the jury
in the custody of Deputy Sheriff
Sweeny and two bailiffs and the entire
place was closely examined. The jul
rors were not permitted to ask any
questions or to hold any conversation
with anyone about the matter; they
were there simply to see what they
could see and were allowed no other
means of gaining information. Armed
with all the knowledge they could
garner in this fashion, they returned to
the court house, and there they have
been ever since.
All during the afternoon and evening
the struggle to agree was kept up, but
the jurymen could not get their minds
together. Through the open windows
of the room the jurors could be seen
from the street and they were all, evil
IDENTIFY, trying to make themselves as
comfortable as they could. g.
They had not agreed at O'Clock and
| there seemed to be but little chance
that they would. A mistrial will prob
ably be declared when court convenes.
On the streets there were rumors of
| other sensational developments in the
case. 1t was stated that an effort
might be made to secure the Indictment
of one of the witnesses for perjury, and
| that his name will be presented to the
grand fury this afternoon