The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-03-04
COURT PASSING
ON LICENSES
CONCLUDED from Page ~

might be true. The revocation matter
was appealed to the superior court, and
when the superior court refused to in
terfere with the action of the local
court, further appeal was taken to
the Supreme court. The appeal was
not permitted to act as q supersedeas,
Mr.. Holgate admitted, but he felt that
while the appeal was pending his cli-
ent was entitled to continue selling on
the principle that execution shall not
precede final Judgment
Judge Kelly called Mr.. Holgates at
tention to the act of 1897, which spe-
officially provides that an appeal shall
not stay execution of an order revok-
ing liquor license. Mr.. Holgate ad-
mitted he had not read the law
Suppose you took an appeal" re-
marked Judge Edwards, land it was
not finally adjudicated for a year, could
you keep on selling under the license
for the year?"
why yes, of course" replied Mr..
Holgate, smiling.
BRINK MADE DENIAL.
Mr. Brink was called to the stand
and denied he sold any drink to the
league detectives. M. j. Healey was
called as a character witness for Mr..
Brink, and in answer to Mr. Holgate's
question as to whether or not Mr.. Brink
was a fit person to conduct a hotel.
Mr.. Healey answered that he was.
On cross-examination, Mr.. Beers
asked the witness if he had frequented
the hotel lately. The witness said he
had, and in answer to further ques-
tion, admitted hesitatingly that he had
been served with drink there since the
license was revoked.
AS Mr.. Healey was leaving the stand,
Attorney Holgate called out "Of course,
Mr.. Brink never served you with
drink?"
II wouldn't say as to that" candidly
declared Mr.. Healey.
Everybody Joined in the laugh. Mr..
Holgate allowed the witness to 20 with
out further questioning.
Mr.. j. Horan testified to having known
Mr.. Brink for many years and gave it
as his opinion that he was in every
way fit to conduct hotel.
Anthony Mcdonald testified similar
ly. On cross-eXamination Mr.. Beers
asked
Didn't you sit in at a little poker
game at Drinks place last Saturday
night?"
The witnessed colored up and got a
bit nervous and after wait of some
moments answered by saying, "Me?"
Yes, you,' rejoined Mr.. Beers.
DO you mean in the bar room?"
came from the witness after another
long wait.
amy place in the hotel?"
Why-er--' and for fully half n
minute the witness looked sheepishly
at the sea of faces in front of him.
DIDN'T KNOW IT.
II didn't know that l was a poker
player" he finally managed to say.
Il guess you needn't answer the
question:" Mr.. Beers charitably re-
marked
The witness lost no time in getting
down from the stand and going way
back.
The case of Lewis Barrett, of Glen
burn. whose place was burned out,
Sunday night was continued until to-
day. There are two remonstrances
against him.
Fell Township, had among its new
applicants the Fell Brewing company
Attorney Edwards explained that an
$4,000 brewing plant is to be con-
structed there. John Keller of the
Milford-Owego turnpike; Jacob Heath,
of the same thoroughfare, and Martin
f. Healey, of Dundaff street, are the
other new applicants.
When Lackawanna township was
reached it was disclosed that three of
the four new applicants from Lincoln
Heights, John O'Malley, Patrick Nc
Nally and John B. McDermott had ad-
Vertised in their petitions that they
We're in Lackawanna township when in
fact they are in Taylor borough. 1t
was only last Friday that the mistake
was discovered. All the residents of
the locality in which they propose to
locate, the extreme end of Lincoln
Heights. on the easterly side of Main
street, have been enormously voting in
Lackawanna township since the re-
cent Taylor annexation. They properly
belong in the Sixth ward of Taylor. The
fourth Of the Lincoln Heights appli-
cants, Patrick Connell being on the
opposite side of the street, is in the
township.
Court said it would consider what
would be done about Strengthening out
the mistake when it came to pass on
the applications.
All four were demonstrated against
by thrty-five residents of Lincoln
Heights and the keystone Land COM
pany. The remonstrants We're repre-
sented by Attorney w. n. Curry
O'Brien & Martin, John r. Edwards,
John j. Murphy, Colonel F. j. Fitz-
simmons and Hon. C. p. OMalley rep
resented the applicants. Mr.. OMalley |
argued that the women want a few ho-
tells down there so that the men will |
not go to town,
Other new applicants from Lacka- |
wanna township are Jacob Barbowski, |
of Pittston avenue, and John Mertjewski |
of Prospect street. Patrick j. Sull- |
vans application was withdrawn. A |
was filed against Martin |
p. Judges application. This is one OF |
the cases heard in the morning on a |
rule to revoke the license.
ONE FROM MAYFIELD.
A remonstrance represented by Attor-
ney ii, ID. Carey was filed against the |
application of John Medan. of May
street, Mayfield. Mr.. O'Brien, for the
applicant, pointed out that Mr.. Carey
is attorney for Beliahigi Burian, of
May street.
Michael Dzonczyk is another new ap-
plcant from Mayfied.
Two new applicants from Moosic are
Frank Gorgal, Of Pine street; Sylvester
of Greenwood street, and
John Moran, of Main street.
Old Forge had fewer applicants this
year than for many years. Only three
new petitions We're received These |