Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-09-02
ADJUDGED TO BE GUILTY.
Magistrate Fines Harry Dunan for
Violating Sunday Liquor Law.
correspondence Of The Star.


EVANSVILLE. September 2. 1908.
Late yesterday afternoon Justice of the
Peace Arthur Carr of this place rendered
his decision in the case of the state against
Harry A. Dunan. barkeeper al the old High
land clubhouse. at Brentwood, Prince
George county. charged with violating the
Sunday liquor law August 20. The defend
ant was declared to be guilty and a fine Of
$50 and costs was imposed, the latter
amounting to 1926. The defendant noted
an appeal and the court fixed the bond at
$500 for his appearance at court in October
next. Mary NJ Shirer furnished the bond.
Attorney Albert Sillers of Washington,
representing the defendant called the
courts attention to the fact that at the
hearing of the case Tuesday there were
four witnesses against one in favor of his
client. which caused the court to remark
that the law looked to quality, not guam
tity, of evidence.
At the conclusion of this case Constable
Thomas H. Garrison served another war
rant on Dunan, this one charging him with
selling to a minor the Goth day of August
Attorney Sillers asked for change or venue
for his client, which the court granted, ana
upon the suggestion of counsel for defense
the case was certified to Justice of the
Peace Alfred D. Bailey of Bladensburg and
bond fixed at $500 for the appearance of the
defendant before Judge Bailey at O'CLOCK
Tuesday afternoon of next week. When the
warrant was served on Dunan Attorney Sill
ers suggested to Constable Garrison that he
should have warrants prepared for several
places on the Bladensburg road, and intf-
mated that he (Sillers) would help the cause
along.
1t is said to be doubtful whether Judge
Carr had the right to grant change or
venue, the understanding being that this
can only be done by mutual consent of both
parties The state not being represented 1t
is believed that Judge Carr might have
erred. In explanation of his action In grant
ing the request Judge Carr stated to Star
reporter last night that he believed the
courtesy should be extended the defendant.
and that he had no desire to sit in the case
if the defendant had any reason to believe
Justice would not be done him.
There is considerable criticism here con-
corning the manner in which the signature
of Enos Bingiing, the states witness, was
secured to paper purporting to be an affl-
davit that he was twenty-one years or age.
The young man testified at the trial Tues
day that he approached Saturday att
ernoon preceding the trial, while playing
base ball in Riverdale, by a gentleman VINO
came out in automobile, and asked II he
wished to pitch a game OF ball for some
lawyers club of Washington. The young
man felt much flattered by the oHer ana
agreed to pitch tho game for 81 He was
then told he said, that 1t would be neces-
sary for him to sign certain paper, the ma
ture of which, according to the witness. was
not made known to him, but he presumed
that it was an ordinary contract 10 play the
ball game under consideration. He was re-
ouired to go into Washington, where the
paper was prepared. and 1t was signed by
him, he declared, without reading 1t or hay
ing it read to him. Attorney Sillers asked
Bingling If he (SilIers) was present when he
signed the paper. to which the witness re-
piled that he could not swear as to that,
but IL Sillers was not there his ghost was.
When the paper was produced In court
Tuesday Bingling was surprised to learn
that he had signed an affidavit to the effect
that he was twenty -one years of age. The
base ball game, 1t is said. has not been
played and the general impression here Is
that IL never will be.