The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-10-17
1T is NOT GUILTY
VERDICT IN THE CASE AGAINST
THE OGLETHoRPE CLUB.
NOT A TIPPING HOUSE.
JURY TOOK FOUR HOURS TO REACR
AN AGREEMENT.

Amusement for n Crowded Court
RoOm-President and Superintend-
ent of Club Declined TO Answer
Questions ON the Ground That II
Would Incriminate Themselves.
Member Made the Same Appeal for
Protection, but Was Forced to An
swer Anyhow-Funny Scenes in
Court Room.
It was a surprising jury that sat in
the Superior Court yesterday. At 1920
o'clock last night il returned a verdict
finding the Oglethorpe Club not guilty
of keeping open a tippling house on
Sunday.
A we'll known member of the club
when told of the verdict groped around
for some minutes in the recesses of his
vocabulary in an effort to find words
to express his amazement. He couldn't
find them. Probably the majority Of
people who have paid much attention
to the case will be in the same condi-
ton.
The president and superintendent of
the club had both refused to testify to
the commission in the club of the overt
acts necessary to support the allega-
tons made in the indictment, on the
ground that to so testify would tend to
incriminate themselves; these overt
acts had been sworn to by the unwill-
ing testimony of other witnesses; the
judge had charged the jury, repeat
edly and emphatically, that the COM
mission of these acts, under the ad-
mitted circumstances of the case
would make the club guilty of keeping
open a tipping house on Sunday and
the jury returned a verdict of not
guilty.
The court room was crowded during
the morning Solicitor General Os-
borne was assisted in the conduct of
the prosecution by Mr.. H. E. Wilson,
counsel for the Good Government
League, while Mr.. w. G. Charlton and
Col. p W. Meldrim appeared for the
club. A number of members of the
club were among the spectators of the
proceedings and the audience contain
ed also several ministers of the Gospel
and others interested in the work of
the Good Government League. The
ministers included Rev. Bascom An
thony, Rev John d. Jordan and Rev.
j, A. Smith. Congressman Rufus r.
Lester, after the Mccullough case had
been passed for the day, remained in
court, an interested listener to all that
transpired. Sitting with counsel for
the club were Mr.. G. w. Owens, it's
president; Mr.. j. Randolph Anderson,
- II ax A
and leading members.
Fun From the start.
The case afforded uninterrupted en-
tertainment, we'll mixed with amuse-
ment, for the spectators, almost from
the time it was called.
Col. Meldrim started the ball rolling
by Offering demurrer TO the indict-
ment, which he argued at length. The
solicitor general contented himself
with citation from the code and
few, very few, remarks, and Judge
Seabrook announced promptly that the
demurrer was overruled. 1t was
based on the contention that the club
was not such corporation as could
De punished for a misdemeanor.
The arguments have been entertain
ing" said Judge Seabrook in over
ruling the demurrers, have sparkled
with wit and humor, and some wis
dom, but l overrule the motion of
counsel for the defense" In thus dis
posing of the demurrer the court neg
lected TO say from which side of the
case the wit and humor had been
Moving, and whether the prosecuting
attorney or counsel for the defense
had displayed the limited amount of
wisdom to which reference was made.
Then began the selection of a Jury
TO try the case. A few went off for
20 he 80 g.
hausted their strikes and the follow,
ing jury was finally chosen: Edward
Moyle, Isaiah NJ. Resented, A. ].
Bostick, P. M. Russell, Jr., Chris c.
Hansen, j. L. Gallagher, Samuel l..
Outten, David Clark, Manning White.
w. H. Cosgrove, j. A. Englerth and
John O'Gorman.
The indictment charged and accus,
ed the Oglethorpe Club with
the offense of keeping open a
tipping house on Sunday and this i'm
posing document the solicitor general
read to the jury.
The first witness was Mr.. J. X. Ha,
zlehurst. superintendent of the club.
His evidence was merely preliminary.
Instructed by the court that he could
not be required to give evidence that
would tend to incriminate himself
or hold him up to public ignominy and
contempt the witness availed himself
of this constitutional protection when.
ever question designed to reveal the
alleged fact that liquor is sold in the
Oglethorpe Club on Sunday was asked
him.
Before his evidence had reached this
stage, however, he had stated that the
sale Of drinks was not confined entire
ly to members Of the club, but that any
one could enter IT on the invitation of
member, If the invited guest were not
a resident of the city.
President on the Stand.
The president of the club, Mr.. G.. w.
Owens, was the next witness. Mr.. Ow-
ems entered at once upon a description
of the character of the club. He said
that II was a social organization of
gentlemen, and the club house a place
where they resorted for purposes of So
cial intercourse. 1t was not tipping
house in any sense of the word. The
sale of liquor was only an incident.
and a small incident, to the purposes
OF the club.
you are familiar, Mr.. Owens" asked
the solicitor general, with the statute
Of the state declaring that tipping
houses shall not be kept open on Sun
day" Mr.. Owens said that he was.
Are you familiar also with the de-
cision OF the Supreme Court, in the
case of the state against Norman. in
which that statute is construed with
special reference to its application to
social clubs? ?"
Il am" said Mr.. Owens. but do
not agree with the Supreme Court. I
do not think the decision correct"
you are at variance with the Su-
preme Court, them"