The times. [volume] (Richmond, Va.) 1890-1903, 1902-12-17
LOSES LICENSE
FOR SUNDAY SELLING
Judge Witt Revoked That Of An
Andrew 0iro'amI.
SENTENCE is SUSPENDED
Attorney for Defense VIA Prepare ElIl
Of Exceptions and in All Probability
License Viii Have Expired Be-
fore Decision Is Reached.

Having hung flre since tho latter part
of July when he was convicted Of keep
In. his place open on this Sabbath. tho
rule against Andrew Eirolani. saloon
keeper, Of Franklin and Fifteenth Streets,
was heard in the Hustiags Court yestar-
day afternoon, and Judge Witt decided to
revoke tho license Of tho whiskcy dealer.
An appeal will BIO taken and the case will
eventually find Its way to the Supreme
Court and In the meantime It Is safe to
say tho bar-kecper will continue business
at the Same stand.
IN a word. despit,, the decision Of the
learned Judge. Girohami. convicted in tho
Police Court of All open violation Of tho
law. will, in all probability. never suffer
tho loss OF one cent AZ a consequence OF
the revocation of his license, for before
final decision is reached In the highest
court Of the State the time limit will
have expired, but then Judge Witt will
refuse to grant new permit to DO bus
i1css, TO all appearances this seems to
be the case.
1t required three hours for Judge Witt
to arrive at the decision to revoke the
keen legal battle between Commemorative
Attorney Richardson and Mr.. Z. o. Wen
dcnburg. counsel for the defense, q num-
Der of witnesses being put through most
vigorous examination by the opposing at
torneys.
SENTENCE SUSPENDED.
Immediately after the Judge had rem
dered his decision Mr.. WendenOurg asked
for time in which to file 4 bin of excep-
tons, and this was granted, the sentence
of the court being suspended until the
9th OF this month, when argument on the
bill will be heard. In the event this move
on the part of the defense is turned down,
the case will then find it's way to the
Supreme Court, and judgment will nee
essarily be suspended. BY the time it has
been finally decided one way or the other
tht first Of May, 1908, will have rolled
around, and Girolami will not have lost
q cent directly as q result Of the revo-
cation, even though the opinion of the
learned Judges is against the bar man.
The evidence submitted in the hearing
yesterday afternoon was along the line
of that heard in Police Court. which
resulted in the conviction. no efforts be-
ing made to disprove the guilt of Girolami
OF having violated the Sunday law, how
ever Mr. Wepdenburg simply enGearored
to show that his client had be; n a victim 0
circumstances, one OF his employees hav-
ledge The employe, who testified, was
discharged by Giroiami shortly after tho
conviction.
CLAIMED CLIENTS INNOCENCE.
The arguments of both Mr. Richardson
and Mr.. Wendenburg were masterful eff
forts, the law in such cases being fire.
quently referred to. The latter attempt
ed to show that his clients case was
similar in many respects to in which
q ION, haH m n.
Hcality. He appealed to tho judge not
to revoke the license, thereby taking
from numbers Of people their only means
Of earning livelihood. He claimed that
Girolami himself was innocent of any
wrong doing.
In rendering his decision. Judge Witt
reviewed the case and the evidence tho
roughly. stating that he had warned the
defendant not two months before he was
reported that in case he was convicted
Of selling on Sunday his license would
be taken from him. He said that he
was more inclined to believe the. testi-
mony of Pat-olman Wiley. the reporting
officer, than he was the clerk Of Girolami
The evidence of the two men was entirely
different.
'rhis business Of Sunday selling must
stop. and stop it will, said
Judge Witt. ..Thesaloon people have
been warned repeatedly to cease this vto-
lation Of the law, and as a last resort.
fines having failed, I have decided to take
licenses away from the volators. I will
revoke the license in this case and sus-
pend judgment for ten days. that the
counsel for the defense may prepare his
bill Of exceptions"
Mr. Wendenburg said this would be
done without delay and on the 24th the |
case will be reviewed.