The Savannah morning news., 1901-10-17

What else?"
Il bring the gentlemen books"
And cigars, too, don't your"
| Yes, sir" said the witness.
We'll what else?" asked Mr.. Os-
borne.
Anything else the gentlemen call
for" said the witness, his invention
falling under the strain.
The witness Refractory.
Then Mr.. Osborne obtained permits
sion to lead the witness, as being pal
pably an unwilling one and obtained
in rapid succession the information
that drinks were sold on Sunday, that
| he had served them, and that they
came, as they did every other day in
the week, from the buffet. Counsel
for the club did not examine the wit
ness. and with his evidence the state
closed. At this point the recess for
dinner was taken.
When the court reconvened in the
afternoon, the solicitor general, in or
der to remove any doubt that he enter
| tanned, asked the court to take from
the consideration of the jury the
answers of the witness Burke to the
questions as to his serving drinks on
Sunday and to introduce in evidence
certified copy of the charter of the
| Oglethorpe Club. These requests were
/
| The opening argument was made by
| Mr.. w. c. Charlton. Mr.. Charlton
contended that the Oglethorpe Club
was not tipping house in any sense
! of the word, and that the law of the
state, which declares that tipping
houses should be kept closed on Sum
day, had no application to it.
He said that the members of the
| Oglethorpe Club had been leaders in
/ he rff ~ Of ha IF
the clubs foundation and that they
were not men wilfully to violate law
| On the contrary, in every movement
for the laws enforcement the men of
the Oglethorpe Club were active and
diligent. He denounced roundly the
use of the servants of the club to prove
the states case and said that things
will have reached pretty pass when
the sanctity of club may be invaded
and the club itself denounced as a tip
ping house.
The solicitor general spoke only
about twenty minutes. He began with
the statement that Mr.. Charlton's ar
gument would have been fit and proper
enough If addressed to a committee of
the Legislature, but that it had no
more relevancy to the case at bar and
no more connection with II than the
man in the moon"
isn't 1t awful" said the solicitor
general, isn't 1t awful, when it is con-
tended In the trial of a case that the
plain mandate of the law, construed
by the highest court in the state,
should not be regarded by jury of in
telligent men, under the obligation of
their oath, because some exclusive peo-
pie in an exclusive organization don't
like it?"
''Musn't Sell Rum on Sundays"
Mr.. Osborne said that the law did
not exact of the Oglethorpe Club the
privations that Mr.. Charlton had pic
tured. All il asked was that the club
shall not sell rum on Sunday. If the
members of the club want to conduct
themselves on a high plane, let them
set the example of respect for and obe-
dience to law to the rest of the cum
munity."
Mr.. Charlton had had something to
say as to the effect of closing the club
bar on Sunday. He said this would
not stop the drinking of liquor. but
that II would merely drive those ac-
customed to take a single drink in the
club TO the purchase of a bottle. to be
consumed in their own homes, and that
the plan to promote temperance would
defeat its own ends. Mr.. Osborne re-
called this statement to the attention
of the jury.
isn't it a pathetic picture?" he ex-
claimed. Isn't 1t enough to bring
tears to your eyes? Just think of these
guileless young men and elderly gen
tlemen being driven out of the club
and making their way home. every
pocket bulging with a quart bottle OF
whisky. Just drive them out of the
Oglethorpe Club on Sunday, says
counsel, and down they go to hell
a-rushing."
The solicitor general said the mem
bers of the club, as counsel had an,
nounced. We're heartily in favor of the
enforcement of law except. as coun-
sci had not indicated when Il applied
20 themselves. II might have been all
right 20 object 10 the use OF servants
as Witnesses, but certainly n did not
lie In the mouth OF counsel 20 make
, this criticisms. when the president
the superintendent. and one ~ the
members Of the club had all declined
10 answer questions on the ground that
70 answer them would tend 90 incrim.
mate themselves.
2 "Did you ever see a body OF lI5 citi.
zens, claiming 10 besthe best or as good
as the best 10 the community shield
Ing themselves behind such "a barrier
. and defying the law7 DID you eyei