Waterbury evening Democrat., 1904-03-14
MORE LIQUOR CASES.
Judge Peasley to Take Look at the
 Premises This Afternoon.

yuNSS &&6SAGy GO @A3 AOOA @t eAe Premises This Afternoon.
 The continued cases against a num- Der of liquor dealers for violation of the screen law on Sunday, February 28. were tried in the city court to-day before Judge Peasley. The case against Daniel J. Mahaney of 7S0 Bank street was the first one heard. Ex-Senator Kennedy defended. Ser geant Pagan and Officer Walsh testi- fled that there was no obstruction to a free view of the interior of the saloon 1t was impossible to see twenty feet from the door, on account of the awning being down in front and the shutters on the back windows up. Sergeant Pagan also testified week days the awning was up and was invariably down on Sun- days. He did not shade his eyes with his hands or anything else to help him see in. Prosecutor Pierce said he was not obliged to do so and MT Kennedy said he was willing to let the case stand at that point and have the court examine both Mahaney's and Dun phys saloons and abide by his deci- sion. MT Pierce did not accept the offer, and the examination proceeded. The sergeant testified that the screens were open, that the back shutters are generally closed at night and that they were put on some years ago af- ter the burglary was committed In the saloon. He never tried to look into ] the place when the awning was up and that he could see over the screens. Officer Walsh added that Sunday night. February 21. he flashed an electric light fin on the saloon about 6
 o'clock and saw the bartender inside. Officer Ha1pin also testified.
 MT Mahaney testified that he has been in the liquor business since 1878, been in the premises in question since 1878, and that about nine years ago
 he had shutters put on the back win
 dows after the place had been broken
 into three times. The entire length
 of the room is fifty-two feet six inches and by getting close to the window
 and shading the eyes with the hands
 one can easily see the hands of the clock, even though the awning is down
 and the back shutters closed. Fur ther more, the premises have been ex-
 amined by the county commissioners ; and MT Pierce, and neither of them suggested changes. Once before he was arrested for violation of the screen law. That was on the second ! Sunday after the law was enacted,
 when wholesale arrests of saloon keepers for this offense were made. John F. O'Brien, ex-suDerfntendent of the water department, testified for : the defense, saving he looked in at the place yesterday and saw the inter- ! for of the saloon from end to end with out any trouble, though the awning was down and the shutters up.
 Attorney Florence Clohessey. Ed ward T. Donahue and Robert Walk CT. flatly contradicted the pol1cemen'3 testimony. MT Kennedy again offered to have the court inspect the place, ana again MT Pierce declined, on the grounds that the conditions was diff ferent now.
 The court determined to see the premises about 5 o'clock this after noon. Dunphy's saloon will be 1n- spected at the same time. He pleaded not guilty.
 The case against David Sheehy was continued to next Monday.
 In the case Of Michael J. Dillon. who conducts a saloon at 16 Pember- toon street, Sergeant Pagan, Officers Hickey and Noonan testified that on Sunday, February 28, the light from the rear windows of the saloon was so obstructed that it was impossible to see more than six or seven feet inside of the saloon; that view of part or the bar and the rear of the saloon could not be had under the circum- stances. They could not state what covering if any was placed over tae windows, but whatever 1t was 1t served to shut out the light and to darken the saloon. Attorney Russell, who ap- peared for the defendant, offered no evidence. Tn his arguments he stated that undoubtedly the weather condi- tions on the Sunday in question had something to do with the darkening of the saloon. He asked that Judge Peasley pay visit to Di1lon's saloon as we'll to the saloons of the other men charged with violating the law, on the day he visits D. J. Mahaney's and to see the condition of things. Attorney Pierce opposed this, stating that the conditions to-day are not what they were on the day when the violation of the law occurred. Judge Peasley also did not care much about the plan. He found Dillon guilty and imposed fine Of $25 and costs, amounting to $5o.65 in all An appeal was taken, but later the appeal was withdrawn when, on request of Attorney Russell, Judge Peasley issued certificate stating that this was Dillon's first conviction. This
 was necessary so that Dillon would not have his license revoked. Before consenting to the granting of the cer- tfflcate, Attorney Pierce stated that he had no objection to the young man, but 1t was bad place for a saloon and had borne a notorious reputation for years. Judge Peasley said that the suitability of the place was a question to be decided by the county commis- sioners.
 John IT. Condon pleaded guilty to the charge of violating the law at his place of business, 200 Baldwin street, on Sunday, February 2S. Evidence was given by Officers Noonan and Hickey. It was similar to that in the Dillon case. Attorney Slavin, attorney for the defense, stated that MT Condon