The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-05-23
FOUND GUILTY
OF SUNDAY SELLING.

/ The FIRST case of Sunday selling
that has come to the notice Of
Mayor Harmer was tried BY him in.
municipal coprt Wednesday morn
ing and the defendant, Thomas
Spillman, proprietor Of the Airing
ton saloon, in Glen ELK, was fined
$4,000 and costs and given thirty
days in jail,
The alleged offense was brought
up by the arrest of an italian sun
day evening BY Officer Howe The
foreigner had IN his possession at
the time a basket containing one
dozen bottles Of beer He was ar
rested nearby and came from: the di-
rection Of the Arlington. When
tried in police court Monday morn
ing he stated in very broken Eng
lish. that he had purchased the beer
on Saturday night but had become
intoxicated and had left the basket
at-an Italian shanty and just mere
" went for it Sunday.
The ease against Spillman seem-
ed very weak at that time but the
mayor had other witnesses and is
sued a warrant for Spillman. The
Italian proved a bad witness today,
and fefusetl 10 answer questions pre-
tending ignorance of English.
However, the city had a witness
IN the person of asMrs. Smith, wife
OF a railroader, who resides next
door to the saloon and upon her
damaging testimony the conviction
was made. She told of seeing
foreigner who fis emplayed at the
saloon 70 to and from the rear door
OF the saloon yeral times on that
particular Snnd3y sometimes alone
and sometimes With other men. She
also sworeS That she saw SpGJlman
himself enter the front door Of the
saloon twice on that day. Once
he was With four or five men who
went around the back way while he
went IN the front and later She saw
him come from the rear with them
aSpllmap was represented BY All
tarney j. o, Law. Spillman HIM
self was placed on the stand and
swore that he sold nothing on that
day and had instructed his bartend-
er who carried the only REMAINING
key to not come near the saloon ON
Sundays. He said there was no
connection between the rear Of the
building where the men were seen
going and the saloon. The bar
tender was also a witness and he
swore that he had sold the Italian
one dozen bottles of beer on Satur-
day night in basket resembling the
one offered as evidence. He said he
was not near the saloon on Sunday.
Richard Goodwin testified that he.
Spillman and another man were at
the rear Of the place Sunday noon
and were there for the purpose of
seeing some game chickens that were
owned BY Them he thought there
was no connection from the shed
with the saloon and had nothing 10
drink while there.
Claude Outright; who has an Of
flee directly opposite the saloon and
the Smith residence, heard Mrs
Smith remark that there were men
in the saloon some time between &
and s O'clock Sunday evening and
stated that he antIS another man /
;agent iq.:a q point From where theys
could command a Slew of the inside
but saw nosene.
The mayor before passing sem
tenee. hrisaysontlined the testimony
and evidence and gave it as MS
opinion that It had been prov.
en- that the offense had been COM
mitted as charged in the warrant
and found spillman guilty and pun
ished him as given above. Attor-
ney Law Immediately asked fhat a
bond be prepared and served notice
that an appeal would be taken.