The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-02-16
C!Ty COUNCIL VOTES
TO GUST LLOYD DUFE
FROM SALOON BUSINESS

Lloyd Duff, saloonist, was tried at
a special meteing of the council on
Thursday night, charged with vio-
lating the Sunday closing laws. The
charge was preferred by Policeman
Al. II. Walker and the date of the
alleged specific violation was Decem-
Der II last.
Present at the meeting were
Councilmen McAndrew, Kearns,
Cork, Anderson, Ernst, johnson,
Hess, Golf and Smith, Mayor Shields
Clerk Cole and City Attorney NJ. G..
Sperry. Attorney j. v. Hoeffler
represented Mr.. Duff, who was pres
cnt and plead not guilty.
Mayor Shields called attention to
his docket, which showed that Mr..
Duff had been tried and convicted
for Sunday selling.
Mr.. Duff asked for continuance,
after considerable parleying between
his attorney and the city attorney as
to legal phases of the matter, and
the council voted on motion to
grant the continuance until the next
night. The motion was made by
Councilman Kearns and seconded
by Ernst. Kearns, McAndrew,
Ernst and Anderson voted for a
continuance. Smith, Cork, Hess,
Goff and johnson voted against ii
and the motion was declared lost.
Two bartenders at Duff's testified
in his behalf. They did not know
about there being any sales on Sun
day at Duff's place. though until re-
Gently they were of the opinion that
things were rather loose in saloon
circles on Sundays.
Policeman Walker said the arrest
was made about / 30 O'Clock sun
day morning. That Duff and
Others were back in the restaurant
part, where liquor was being sold.
Two people were drinking at the
counter extending from the saloon.
which was cut off from the restaur-
ant by curtain. Duff and c. NJ.
Henderson were behind the counter
and one of those drinking called for
his change.
Policeman Nicholas NJ. Whyte
told about the arrest also, corrobor-
ating Mr.. Walker. and stated that
another Sunday night after that
Duffs place was entered again by
him and he saw Duff and five or six
other fellows in the restaurant part
with a lot Of beer. Warrants were
afterward issued. He was attracted
to the place by hearing the clink-
ing of glasses and men talking. He
stated that he had never heard that
any where else ON Pike street before
or since that time.
Mr.. Duff took til stand in his own
behalf. He told the council that he
had never had notice served on him
about Sunday selling. except that
the mayor told him at his trial that
If he came up before him again on
that charge he would turn him over
to the council. Mayor Shields here
stated that he told Mr.. Duff before
he was arrested that he must not
4eape the blinds of his saloon down.
which he had been doing. The
mayor also stated that he had read
the Sunday law and it, penalties to
Mr.. Duff and that the latter had for
feited fines after that for Sunday
selling. Mr.. Duff claimed he had
not been selling on Sunday and did
not intend to do so.
Mr.. Hoeflier and Captain Sperry
then addressed the council briefly.
and upon motion of Mr.. McAndrew
fhe council went into executive ses-
sion, Notwithstanding the objection
made by Mr.. johnson.
Finally, vote was taken with the
result that five favored revoking
the license, while four voted against
revocation. Those voting 10 revoke
the license were Goff, Smith, john
son, Cork and Hess. Those against
reyoking it we're McAndrew, Kearns,
Ernst and Anderson.
The point was raised that since it
took six votes to grant a liquor
license, it would take that number to
revoke it. The mayor took the mat
ter under advisement to announce
his decision Friday night.