Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1902-12-17
HIS LICENSE GONE.
4. GIRoI.AFIi WILL NEXT APPLY TO
SUPREME COURT.
THE SALOON TO REMAIN OPEN.
Tint IS. Pending the Procedure Nee
er Court-.yudgc witt Very Clear
and Emphatic in His Opinion.
THE SALOON TO REMAIN OPEN.


Judgee Witt last night, in the Hust-
ipgs Court revoked the liquor license CT
Andrew Girolami. whose bar-roorl is To-
Gated at Fifteentn ana Franklin streets.
The revocation WAS ordered upon the tes-
timony of Policeman J. II. Wiley. of the
First District
Mr. L. O. Wendenburs counsel for Gil
rolami. Immediately noted an appeal, and
the case will be carried unto the Supreme
Court Of Appeals OF the State.
A stay of the Judgment Of the court
was granted until December Gath, in
which time is SlEcn the defence to pre-
pare the bills of exception TO the various
rulings Of Judge Witt. to which exceptions
were noted during the progress Of the
case.
Pending the attempt TO get the case be-
fore the higher court. Girolami will have
the legal right 10 run his business as he
has been doing since the rule was issued
against him several months ago.
OPINION OF JUDGE WITT.
The opinion Of Judge Witt was clear
and characteristic
lie rcCited the Sunday law-breaking
from tho crusade of the Sunday Observ-
ancc League, eighteen months ago, down
toethe present. He said he had personally
cautioned Girolaui. knowing he had been
day selling, showing that when the pres
ent license was granted last May Girol-
ami had promised TO observe the law
this year
If we do not enforce the law in such
a case as this. said the Judge, there
Is no longer any use for law to remain
on the statute books. The liquor men Of
the city" he went on. do not think the
authorities mean TO enforce the law, but
they will learn it too late. l revoke Mr..
Girolamis license"
1t was then that Mr. Wendenburg Sc
cured the stay Of judgment to perfect an
appeal.
EVIDENCE OF OFFICERS.
Policeman J. II. Wiley. who made the
report cn which Girolami was fined, les
tilted tnaS in citizens attire he entered the
Girolami bar on Sunday, in August last.
and called for two drinks for as many
negro p1cn who accompanied him, and
| halt pint cf whislEey for himself. This,
he showed. Uos in the oyster room ad-
joining and connecting with the bar room.
He testified shat the bar keeper placed
tho glasses On the counter Tor the ne
gloes. and Vent into the bar room and
came hack with the flask Just at this
point a r,essenger came rushing into the
| room and. after consultation with the
man with The bottle who was Just about
to hand it to the policeman MI. Wiley
was notified that he could not have the
| bottle. which was returned TO the bar, and
Mr.. Wiley and his negroes We're COM
! PEELED TO go dry.
| The evidence for the defence was to the
| effect that the employees of his bar were
| instructed not TO sell liquor on Sunday,
| and when Mr.. Girolami discovered that
| MS man in the lunch-room was about
/ to sell 10 Mr., Wiley, lie sent word not to
| do SO. and it was then that Mr.. Wiley
| was refused, and the half pint was re-
turned without being sold.
1t was asserted that Immediately after
Girolani was fined in the Police Court
the barkeeper, Who was about to sell
to the policeman, was discharged be-
cause he broke the Sunday law.
CONTENTION OF DEFENSE.
The contention Of Nir. Wendenburg was
that the Tevocati ton OF a liquor license
could only be upon two grounds-that the
place in which the bar is located should
be proved to be an unfit place for the
sale of liquor; or that the proprietor
Should become an unfit person to conduct
a barroom in accord with the statutes of
the State.
Mr. Wendenburg admitted that the law
as to opening a bar on Sunday had been
technically broken by the employee of
Girolami and continued that it was
against Girolami's order but that the
fact that the bar was opened and en-
tered against the owners order did not
make it an unfit place or Girolami an
unfit person for the sale Of liquor. as he
claimed was contemplated by the law
MIR. RICHARDSON CLOSED.
Commonwealth s-Attorney Richardson
argued that the violation was of such
a character as to meet every condition
of the requirement for the revocation
Of the license.
lie claimed the bar was constructed for
the purpose Of violating the law.
lie held that the records of the Police
Court. where Girolami was fined, should
be conclusive. He did not believe the
barkeepcr had been discharged, as al
legged. and argued that he did not believe |
the man had been discharged until Mr..
Wendenburg had been employed in the |
case. He summed the case Up carefully. I,
and asked the revocation Of the license.
Mr.. Wendenburs did not reply to Mr..
Richardson.